Delhi High Court
Erudition Construction Private Ltd & ... vs Financial Commissioner Delhi & Ors. on 22 April, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.04.2024
+ W.P.(C) 267/2021 & CM APPL. 665/2021
ERUDITION CONSTRUCTION PRIVATE LTD
& ANR. ..... Petitioners
versus
FINANCIAL COMMISSIONER DELHI
& ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Sunil Dalal,Sr. Advocate with Mr.
rahul, Mr. Irshad and Mr. Manish
Saroha, Advocates
For the Respondent : Mr. N. S. Dalal, Mr. Alok Kumar, Ms.
Rachna Dalal, Ms. Sweta Kadyan, Mr.
Vishvender Tanishq Tyagi, Advocates
for R-2
Mr. Lalltaksh Joshi, Advocates for R-3
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. This is a writ petition under Article 226 of the Constitution of
India, 1950, seeking inter alia the following reliefs:-
"(a) Issue a writ of Certiorari or any other appropriate
writ quashing/setting-aside impugned order dated
15.11.2019 in case No. 158/2019 and 159/2019 passed by
the Court of Financial Commissioner, Delhi;
(b) Issue a Writ of Mandamus or any other appropriate
writ directing the Court of Financial Commissioner, Delhi
to hear the matter denovo after issuing notices to all the
concerned & interested parties and pass the appropriate
order in time bound manner;"
2. After hearing the parties, this Court observes that the petitioners
were not made party before the Financial Commissioner and would be a
party which could be affected by the outcome of the impugned order.
On that basis, it is deemed appropriate to set aside the impugned order
dated 15.11.2019 and remand the same for fresh consideration by the
Financial Commissioner. The petitioners shall also be made a party to
the Revision Petition RC case No. 158/2019 and 159/2019 captioned as
Smt. Sudha Aggarwal Vs. Consolidation Officer (Nangli Poona).
3. The petitioners shall be entitled to file reply with all the relevant
documents as required in law within two weeks from the date the matter
is taken up for consideration by the Financial Commissioner. The
rejoinder thereto be filed within two weeks thereafter by the respondent
no.2 herein.
4. Consequent upon completion of pleadings, the Financial
Commissioner is directed to rehear the matter and dispose of the same in
accordance with law while considering the arguments and contentions of
the parties. The Financial Commissioner shall also afford an opportunity
to the petitioners as also to respondent no.2 herein to urge all factual and
legal grounds as available and taken as part of the present pleadings
before a speaking order is passed.
5. The learned Financial Commissioner shall endeavour to conclude
the proceedings within three months from the date of receipt of this
order.
6. Parties are directed to appear before the Financial Commissioner
on 06.05.2024.
7. Though, admittedly, no interim order was passed by this Court,
however, taking into consideration the arguments placed before this
Court, the status quo as obtaining today in respect of possession and title
shall continue and ought to be maintained by the parties till the
Financial Commissioner passes the final order.
8. The petition is disposed of along with pending application.
TUSHAR RAO GEDELA, J.
APRIL 22, 2024/ms
