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2014 DIGILAW 1893 (ALL)

Al Millat Foundation Trust v. Union of India

2014-07-01

ARVIND KUMAR TRIPATHI II, DEVI PRASAD SINGH

body2014
JUDGMENT Hon'ble Arvind Kumar Tripathi (II), J. Heard learned counsel for the petitioner and learned Standing Counsel. With the consent of parties' counsel, the writ petition is being finally disposed of at admission stage. 2. While preferring the instant writ petition, the petitioner has prayed for a writ in the nature of mandamus to condone the delay in producing the Letter of Consent for Affiliation and consider the application of the petitioners in the light of Letter of Consent for Affiliation issued by the opposite party No.4 dated 23.1.2014. 3. Prayer made by the petitioners involves disputed question of fact and law. Moreover, the application moved by the petitioners has not been decided by the respondents on merit. Otherwise also, this Court may not usurp the power of the authority with regard to condonation of delay. The petitioners' counsel has relied upon one earlier judgment dated 26.5.2014, passed in writ petition No.1605(M/B) of 2014. 4. In view of above, the writ petition is finally disposed of directing the competent authority to look into the matter and take a decision on the petitioner's representation in accordance with law keeping in view the prayer made in the present writ petition, by passing a speaking and reasoned order, expeditiously, say within a period of two months from the date of receipt of a certified copy of the present order and communicate the decision to the petitioner. It shall be open for the petitioners' counsel to file another supplementary representation along with copy of the present writ petition to the competent authority. Subject to above, the writ petition is finally disposed of. No order as to costs.