Jagat Singh (Deceased) Thr. Lrs v. Jai Bhagwan (Deceased) Thr. Lrs & Ors

ORDER

18.11.2011

¶1There is delay of l% years in assailing the impugned order of

26.06.2009. While taking note of this fact, petitioners were called upon to file an affidavit to explain the delay of I% years and the explanation furnished by the petitioners in the affidavit filed in pursuance to the lait order, reads as under:- '5. . I say that the Petitioners were advised in law that since the order passed by the Ld. Financial commissioner dated

26.6.2009 has been challenged in the said petition, as such, they need no file a separate petition challenging the order of the Ld. Financial Commissioner and consequently on the legal advise received by the Petitioners, the deponent did iot challenge the order immediately.'

¶2In view of the aforesaid stand taken, learned counsel for petitioners rjr Vo 'e W.P.(C) No.306/2071 Page 1 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. 'f states that this petition be disposed of as not pressed, with liberty to the petitioners to agitate their rights in writ petition being W.P.(C) No.1047112009, titled as 'Rajiv Dhingra vs. Financial Commissioner & Ors.', which is listed for regular hearing.

¶3This petition is accordingly disposed of as not pressed, with liberty to - the petitioners herein, who are respondents No.6 (i), (ii) & (iii) in the t aforesaid writ petition, to lnove an application seeking permission to place on record counter affidavit in the said matter. /,- NOVEMBER 18,2011 rS -\ -a IL GAUR, J W.P.(C) No.306/20L1 Page2

$-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c) 306t20rr JAGAT SINGH (DECEASED) THR. LRS ..... Petitioners d Through: Mr. Sudhanshu Tomar, Advocate VCTSUS JAI BHAGWAN (DECEASED) THR. LRS & oRS. ..... Respondents Through: Nemo CORAM: HON'BLE MR. JUSTICE SUNIL GAUR