High CourtsDivision Bench(2019) 10 DEL CK 0215

Dr. Nand Kishore Garg vs Govt Of Nct Of Delhi & Anr

Delhi High Court · Decided on 23 October 2019

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, CJ · C. Hari Shankar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 11320 Of 2019, Civil Miscellaneous Application No. 46594 Of 2019

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Judgment

16 paragraphs · 247 words

D.N. Patel, CJ

CM APPL. 46594/2019 (exemption)

1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 11320/2019

1.

This Public Interest Litigation has been preferred with the following prayers:

"(a) Issue a direction in nature of mandamus or any other appropriate writ, order/direction or directions to respondent No.1 for an exemption of CNG driven vehicles during period of odd and even scheme w.e.f. 04.11.2019 to 15.11.2019.

and/or

(b) Restrain the respondent No.1 from implementing the arbitrary odd and even scheme in Delhi to protect the interest of owners of CNG driven vehicles of Delhi.

and/or

(c) Pass such further order(s) as may be deemed fit and proper under the facts and in the circumstances of the case."

2.

Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this writ petition, mainly for the following facts and reasons:

(i) the Scheme, which is referred to by this petitioner, is not on record,

(ii) no representation has been preferred by this petitioner to the respondents before coming this court.

3.

However, we direct the respondents to treat this writ petition as a representation and may decide the claim of this petitioner for exemption of CNG driven vehicles during period of odd and even scheme w.e.f. 4th November, 2019 to 15th November, 2019 as early as possible and practicable.

4.

With these observations, this writ petition is hereby disposed of.