AARSHYA GULATI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Cm No. 1417/2018 (by applicant Mrs. Divya Gulati under Order 32 Rule 1 of CPC to act as next friend of the petitioners to prefer the accompanying writ petition)

(2.) The facts in brief are as follows:

(3.) It is the petitioner's case that the said remand order arbitrarily restricts the petitioners' (and respondent no.5's) rights to raise legal issues in the proceedings before the District Magistrate, including those of jurisdiction and the very applicability of the provisions of the Act. It is stated that the Divisional Commissioner has not even passed a reasoned order while issuing directions restraining the essential rights of the petitioners to raise the aforesaid issues. The said directions are also stated to have been passed without any arguments being addressed or pleadings being furnished on the same. It is stated that the Divisional Commissioner while passing the order dated 28th November, 2017 has failed to deal with the issues going to the root of the matter and has simply termed them as being technical and passed a blanket order restraining the petitioners from raising such issues / defences before the District Magistrate. Such procedure is in clear violation of principles of natural justice which is a sine qua non that an administrative authority must keep in mind while passing any order.