Chief Justice's Court
Case :- WRIT - C No. - 12402 of 2017 Petitioner :- C/M Baikunthi Devi Kanya Mahavidyalaya Respondent :- G.O.C.- In-Chief Hq. Central Command And 3 Othrs.
Counsel for Petitioner :- Swapnil Kumar Counsel for Respondent :- A.S.G.I.,Pradeep Singh Sisodia
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr Swapnil Kumar, learned counsel for the petitioner, Mr Ashok Mehta, learned Additional Solicitor General of India, assisted by Mr C B Gupta, learned counsel for respondent nos.1, 2 and 4 and Mr. P S Sisodia, learned counsel for respondent no.3.
This writ petition challenges the order/letter dated 27.2.2017 issued by the third respondent, order/letter dated 21.11.2016 issued by the second respondent and the order/letter dated 24.1.2017 passed by the first respondent. In effect, by all these orders/letters, the concerned authorities have rejected the petitioner's request and/or not accorded concurrence to the proposal for composition made by the petitioner under Section 248 of the Cantonments Act, 2006. The sole ground on which the petitioner challenges the said orders/letters is that the concerned authorities did not record reasons, while rejecting his request for composition and/or not according concurrence to the same.
In view thereof, on the last occasion, learned counsel appearing on behalf of the Cantonment Board had taken time to seek instructions and to find out whether reasons were recorded by the concerned authorities while issuing the aforesaid orders/letters. Today, Mr Ashok Mehta, learned Additional Solicitor General of India, on instructions, submits that no reasons were recorded by the concerned authorities and in view thereof, he seeks liberty to the concerned authorities to consider the petitioner's request afresh and pass a reasoned order.
In the circumstances, learned counsel for the petitioner prays for disposal of the writ petition, setting aside the impugned orders/letters, with liberty to the respondents to consider the petitioner's request afresh and pass a reasoned order, as aforementioned. The writ petition is, accordingly, disposed of by the following order:
"All the three orders/letters (dated 27.2.2017, 21.11.2016 and 24.1.2017) are set aside. It is open to the concerned authorities to consider the petitioner's request afresh and pass reasoned orders, as expeditiously as possible and preferably, within a period of twelve weeks from today and communicate the same to the petitioner within a period of two weeks therefrom. All contentions, on merits, are kept open.
Counsel for the petitioner is directed to communicate this order to the concerned authority within ten days from today."
Order Date :- 18.4.2017 RKK/-
(Dilip B Bhosale, CJ) (Yashwant Varma, J)