Inland Road Transport Pvt Ltd v. Union of India and Anr

ORDER

16.11 .2012 C.M. No. 18518/2012 fExemption) Exemption allowed subject to just exceptions. \ C.M. stands disPosed of. W.P.(C) No. 7174i2012 & C.M. No. 18517/2012 (Stav)' On l1ft February,2012, the concerned Inqurry Officer had held the cancellation of vPH in Train No.3039/3040 of IUI/s. Inland iload Transport Pvt. Ltd., to be illegal and had pennitted petitioner to operate the lease/contract in question, which is coming to an end on 29ft November, 2012. Petitioner claims that pursuance to the decision (Annexur" l-t) by the Lrquiry Officer, he had sought various RTI informations and when the question of refund of penalty and grant of additional time of about 130 days was not acceded to by respondents, then he had filed an application on 17fr September, 2012 (Annexure P-9), seeking refund of the penalty amount and grant of the additional time in respect of lease/contract J o/o nI w.P.(Cl No.7L74/20L2 lhL t_ r( ,A pkb wP.tclN o.7t74/2012 Page? -/q The grievance of petitioner is that neither the penalty amount has been refunded nor question of grant of additional time has been considered by the resPondents. Upon notice, leamed counsel for respondents asserts that by application of 17ft September, 2012 (Annexure P-9) only RTI information had been souglrt and perhaps'for this reason the szrme had not been responded to. To say the least, it is the content and prayer made in the application which has to be considered and not the subject, as referred to in the application. If already not responded to, let respondents effectively respond to petitioner's application of llft September, 2012 (Annexure P-9) by taking a conscious decision regarding refund of penalty amount and grant of additional time in respect of the lease/contract in question. Let the needful be done within a week from todaY. Needless to say that fate of decision taken on application (Annexure P-9) would be positively conveyed to petitioner on or before 26ft November, 20I2so that, if need be, petitioner may avail of remedy as available in law. With directions as aforesaid, this petition and application are disposed of in limine with no orders as to costs. A copy of this order be given dasti under the signatures of Court master to both sides. (srrNIL GAUR) Judge NOVEMBER 16,2ol2

\ $-11 * + IN TIIE TIIGII COI]RT OF DELHI AT I\EW DELHI w.P.(C) No. 717412012 INLAND ROAD TRANSPORT PVT. LTD. ..... PEtitiONET Through: Mr.Ashish Mohan and Mr'Chetan Rai Wahi, Advocates' VETSUS UNION OF INDIA & ORS ..... Respondents Through: NIr.R.N.Singh and Mr.A.S.Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SUNIL GAI]R