Delhi High Court
Smt Santosh Devi & Anr. vs State (Nct Delhi ) & Anr. on 19 May, 2021
$~6
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 19.05.2021
+ W.P.(C) 3934/2021 & CM 11822/2021
SMT SANTOSH DEVI & ANR. ..... Petitioner
versus
STATE (NCT DELHI ) & ANR. .....Respondent
Advocates who appeared in this case:
For the Petitioner: None.
For the Respondent: Mr. Rishikesh Kumar, Additional Standing
Counsel, GNCTD.
Mr. Rambir Chauhan, Advocate for sisters of
petitioner No.1's husband.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. By this petition, petitioner seeks a direction to respondent No.2
i.e., the Collector/Deputy Commissioner to expeditiously dispose of
the application for stay filed by the petitioners in the appeal pending
before the Deputy Commissioner.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:19.05.2021
Signing Date:19.05.2021 18:41:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel appearing for the respondents submits that on
account of the officers being engaged in COVID-19 related duties, the
application could not be taken up. He prays that some time be granted
to dispose of the said application.
4. Mr. Rambir Chauhan, learned counsel appearing for Ms. Raj
Bala, Ms. Rajo, Ms. Champi and Ms. Anita, sisters of the late husband
of petitioner No.1 submits that the petitioners have not right, title or
interest in the property as they already transferred the property to a
third party. He further submits that the stay application has already
been dismissed by the Financial Commissioner. Accordingly, the
petitioners are not entitled to any relief from the Deputy
Commissioner.
5. The only relief sought by the petitioners is an expeditious
disposal of the application for stay filed before the Deputy
Commissioner.
6. In this petition, no adjudication of rights on merits is called for.
The submission of learned counsel appearing for the sisters of the late
husband of petitioner No.1 that property stands transferred or an
appeal already stands disposed of by the Financial Commissioner, are
issues which can be raised before the appellate authority as and when
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:19.05.2021
Signing Date:19.05.2021 18:41:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
the application is taken up for consideration. In these proceedings,
said issues are not germane for the purposes of a direction to the
appellate authority to consider the stay application expeditiously.
7. In view of the above, the petition is disposed of with a direction
to the respondent/appellate authority to expeditiously dispose of the
application for stay, preferably within a period of six weeks from
today. All rights and contentions of the parties are reserved.
8. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J.
MAY 19, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:19.05.2021
Signing Date:19.05.2021 18:41:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
