Neeraj Kumar Saini vs Joint Secretary, Revenue & Anr.
2021 Latest Caselaw 316 Del

                             $~66.
                             *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                             %                                       Decided on: 29th January, 2021
                             +    W.P.(C) 1137/2021
                                  NEERAJ KUMAR SAINI                          ..... Petitioner
                                                 Through: Mr.Akshay        Sapre,     Adv.     with
                                                 Mr.Abhijeet Swaroop, Adv.
                                           Versus
                                  JOINT SECRETARY, REVENUE & ANR.             ..... Respondents

Through: None.

CORAM:

HON'BLE THE CHIEF J USTICE HON'BLE MS. J USTICE J YOTI SINGH J UDGMENT : D.N.PATEL, Chief J ustice (Oral) C.M.No.3207/2021 (exemption) Allowed, subject to all just exceptions. The application is disposed of.

W.P.(C) No.1137/2021

1. This writ petition has been preferred with the following prayers:-

"a) Quash the unauthorized auction dated 27.05.2019 undertaken by Respondent No.2, and all proceedings consequent thereto;

b) Direct Respondent No.1 to restore the wrongfully seized and unauthorisedly auctioned gold and preserve the same till the disposal of the same by the Revision Application by Respondent No.1;

c) Direct Respondent No.2 to restore an amount equivalent to the market value of the goods along with interest thereon from the date of the auction till the date of restoration and maintain the said amount in a deposit bearing interest;

Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:06.02.2021 12:39:02

d) Direct Respondent No.1 to grant a reasonable opportunity of hearing to the Petitioner and decide the Petitioner's pending Revision Application expeditiously and in a time bound manner;

e) Award costs as recoverable from Respondent No.2, to be donated to a good cause, as the Lordships deem fit;"

2. Learned counsel for the petitioner submits that suffice it would be for the disposal of this writ petition, if a suitable direction is issued to the Revisional Authority to decide the revision application preferred by the Petitioner in accordance with law and within a time bound schedule.

3. Having heard learned counsel for the parties and in view of the limited submission made by learned counsel for the petitioner, we direct respondent No.1 to decide the revision application preferred by the Petitioner on 19.11.2018 against order-in-appeal dated 7th May, 2018 (Annexure P-14 to the memo of this writ petition), in accordance with law, Rules, Regulations and Government Policies applicable to the facts of the case and on the basis of the evidence on record, after giving adequate opportunity of being heard to the concerned parties. The decision shall be taken by respondent No.1 as expeditiously as possible and practicable and preferably within a period of 12 weeks from the date of receipt of copy of this order.

4. With these observations writ petition is disposed of.

CHIEF J USTICE

J YOTI SINGH, J J ANUARY 29, 2021 'anb'

Digitally Signed By:PANKAJ KUMAR Location:

Signing Date:06.02.2021 12:39:02