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WRIT PETITION 6968/2025

Court
Delhi High Court
Decision date
2025-09-26
Bench
RAVINDER DUDEJA
Case number
6968/2025

Parties

Cites (1 resolved of 2 detected)

Statutes cited (2)

Full text

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IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 6968/2025 & CM APPLs. 31494-31496/2025

DR VISHWA DEEPAK BAMOLA AND ORS .....Petitioners Through: Dr. Adish C. Aggarwala, Senior Advocate with Mr. Kavish Aggarwala, Mr. Shubham Kumar, Mr. Ritesh Singh & Mr. Suraj Pathak, Advocates. Through: Dr. Adish C. Aggarwala, Senior Advocate with Mr. Kavish Aggarwala, Mr. Shubham Kumar, Mr. Ritesh Singh & Mr. Suraj Pathak, Advocates.

versus

ALL INDIA INSTITUTE MEDICAL

SCIENCES AIIMS NEW DELHI AND ORS

.....Respondents

Through: Mr. V.S.R. Krishna & Mr. V. Shashank Kumar, Advocates for R-1. Shashank Kumar, Advocates for R-1.

Mr. Abhishek Khanna, SPC for R-2/UOI. 2/UOI.

CORAM:HON’BLE MR. JUSTICE PRATEEK JALANO R R% 22.05.2025

1. The grievance raised by the petitioner in this petition under Article 226 of the Constitution are admittedly amenable to the jurisdiction of the Central Administrative Tribunal [“CAT”] under the Administrative Tribunals Act, 1985. The judgment of the Supreme Court in L. Chandra Kumar v. Union of India and Others [(1997) 3 SCC 261], interpreted inter alia in Division Bench decision of this Court in Parikshit Grewal & Ors. v. Union of India & Anr. [LPA 971/2024, decided on 27.09.2024], clearly holds that the writ Court ought not to adjudicate disputes at the first instance, if they fall within the jurisdiction of CAT.

W.P.(C) 6968/2025

2.Dr. Adish C. Aggarwala, learned Senior Counsel for the petitioners, seeks permission to withdraw this writ petition with liberty to file petition on the same cause of action before CAT or to take other appropriate remedies.

3.The writ petition, alongwith pending applications, is dismissed as withdrawn with liberty as aforesaid.

MAY 22, 2025 ‘pv’/kb/

PRATEEK JALAN, J

W.P.(C) 6968/2025