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2015 DIGILAW 793 (SC)

UNION OF INDIA v. GOVT. OF NCT OF DELHI

2015-05-29

A.K.SIKRI, UDAY UMESH LALIT

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ORDER Permission to file SLP is granted. 2. Issue notice. 3. Mr. Chirag M. Shroff, learned counsel accepts notice. 4. Notice need not be issued to respondent No.2. 5. Counter affidavit may be filed within six weeks. Rejoinder, if any, be filed within four weeks thereafter. 6. Issue notice on application for stay. 7. Learned Solicitor General prays for stay of observations made in paras 44 as well as 65 to 67 in Anil Kumar Vs. GNCT of Delhi, (2015) Supreme(Del) 678 . Since we are issuing notice, aforesaid prayer will be considered after the reply is filed within three weeks. 8. However, insofar as observations made in para 66 in Anil Kumar Vs. GNCT of Delhi, (2015) Supreme(Del) 678 are concerned, we find that they pertain to Notification bearing No. 1368 (E) issued on 21.5.2015 which was issued after the judgment was reserved by the High Court. Neither the Union of India was party who had issued this Notification nor was there any occasion to any hearing on the said Notification. We are also informed that this Notification has been challenged by the respondent No.1 by filing the Writ Petition in the High Court under Art.226 of the Constitution. 9. We, therefore, clarify that the observations made therein were only tentative in nature without expressing any opinion on the validity of Notification dated 21.5.2015 and it would be open to the High Court to deal with the said petition independently without being influenced by any observations made in para 66, or for that matter in other paragraphs of the impugned order.