W.P.(C)/9014/2024 of CHURCH OF INDIA Vs THE METHODIST CHURCH IN INDIA & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9014/2024

CHURCH OF INDIA

.....Petitioner

Through: Mr. Sanchit Garga, Advocate

versus

THE METHODIST CHURCH IN INDIA & ORS. .....Respondents Through: Mr. Sanjay Kumar Pathak, Standing Counsel for R-2 and 3. Mr. Tarun Johri, Mr. Ankur Gupta and Mr. Vishwajeet Tyagi, Advocates for R-4.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R R% 05.07.2024

CM APPL. 36948/2024 (exemption)

1.Allowed, subject to all just exceptions.

2.Application stands disposed of.

W.P.(C) 9014/2024

3.This writ petition has been preferred on behalf of the Petitioner under Articles 226 and 227 of the Constitution of India read with Section 151 CPC

seeking the following reliefs:-

“a) Issue writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent No. 2 & 3 to initiate an enquiry, and commission be set up for the purposes of locating the acquired land i.e Khasra number 294 (Municipal number 4) situated at Village Civil Station, Rajpur Road (Civil Lines), Delhi; and

b) Issue writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent No. 2 to 4 to seek reimbursement of the compensation paid till date to “The Executive Board of Methodist Church in India” (MCI) i.e Respondent No. 1 along with interest; and

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c) Issue writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent Nos. 2 and 3 to initiate criminal proceedings against the erring officials along with the people involved in the said fraud; and

d) Pass/make any other such other appropriate writs/orders/ directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

4.Learned counsel for the Petitioner, at the outset, states that representation has been made before the Competent Authority in May, 2024 raising several issues with respect to the land in question but the same is still pending and it would suffice at this stage to give time bound direction to the Competent Authority to dispose of the said representation.

5.Issue notice.

6.Mr. Sanjay Kumar Pathak, learned Standing Counsel accepts notice on behalf of Respondents No.2 and 3.

7.Mr. Tarun Johri, learned counsel accepts notice on behalf of Respondent No.4.

8.In view of the limited relief sought by learned counsel for the Petitioner, during the course of hearing, present petition is disposed of with direction to the Competent Authority, before which the representation of the Petitioner preferred in May, 2024 is pending, to dispose of the same within six weeks from today, after giving an opportunity of personal hearing to the Petitioner. Needless to state that the representation will be disposed of by reasoned and speaking order, which shall be communicated to the Petitioner within week from the date of the decision and Petitioner shall be at liberty to take recourse to legal remedies, in case of any surviving grievance.

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9.It is made clear that this Court has not expressed any opinion on the merits of the case and it is open to the Competent Authority to dispose of the representation, in accordance with law. merits of the case and it is open to the Competent Authority to dispose of the representation, in accordance with law.

JULY 5, 2024/kks/shivam

JYOTI SINGH, J

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