Delhi High Court
Santosh Gupta vs Govt. Of Nct Of Delhi And Ors. on 1 November, 2019
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 01.11.2019
+ W.P.(C) No.11551/2019
SANTOSH GUPTA ..... Petitioner
Through Mr.Abhijit Sinha, Adv. with Mr.Akhil
Sachar, Adv.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through Mr.Sanjay Jain, ASG with Mr.Sanjoy
Ghose, Adv. & Mr.Naman Jain, Adv.
for R-1 & 2/GNCTD.
Mr.Rajesh Kumar, Adv. for R-3.
Mr.Deepayan Mandal, Adv. for R-4.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, Chief Justice (Oral)
CM No.47471/2019 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 11551/2019 & CM No.47470/2019 (for interim relief)
1. This petition has been preferred with the following prayers:-
"a) Issue a Writ, Order or direction in the nature
of Mandamus and/or a Writ, order or direction in
the nature of Mandamus calling for the records of
the case and after examining the legality and
validity of the same call upon the Respondent No.1
to disclose as to whether Private CNG Vehicles
shall be restricted In the forthcoming Odd Even
Scheme In the National Capital Territory of Delhi
from 04.11.2019 to 15.11.2019;
b) In the event, the Respondent No.1 informs
that there would be such a restriction, issue a Writ,
Order or Direction in the nature of Certiorari
and/or a Writ, order or direction in the nature of
Certiorari calling for the records of the case and
after examining the legality and validity of the same
quash any purported Notification/Office
Order/Executive Direction issued by the
Respondents restricting the plying of Private CNG
Vehicles in the proposed Odd-Even Drive to be
scheduled to be held from 04.11.2019 to
15.11.2019;
c) Issue a Writ, Order or direction in the nature of
Mandamus and/or a Writ, order or direction in the
nature of Mandamus calling for the records of the
case and after examining the legality and validity of
the same direct the Respondents to permit all
private CNG vehicles to ply in the proposed odd-
even drive to be scheduled to be held from
04.11.2019 to 15.11.2019;
d) Pass such other or further orders as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the present case."
2. It is submitted by counsel for the petitioner that the
representation preferred by the petitioner is pending with the
respondents. Learned Additional Solicitor General appearing for the
respondent nos.1 & 2 submitted that the said representation would be
decided as early as possible.
3. In view of the aforesaid statement and as the representation of
the petitioner is pending with this respondent no.1 & 2, we hereby
direct the respondent nos.1 & 2 to decide the representation of the
petitioner (which is annexure P-6 to the writ petition), in accordance
with law, rules, regulations and Government policies applicable to the
facts of the case, as early as possible and practicable, preferably on or
before 05.11.2019. Counsel for the respondent no.4 also seeks some
directions from this Court to the respondent nos.1 & 2. The
respondent no.4 may also make a representation before respondent
nos.1 & 2 whereupon the respondent nos.1 & 2 will take into
consideration the contention of respondent no.4.
4. With these observations, this writ petition is hereby disposed of
along with pending application.
CHIEF JUSTICE
C.HARI SHANKAR, J
NOVEMBER 01, 2019/aa
