Sh Rajesh Saini vs. Additional Commissioner Of Police Traffic Hq & Anr.
Original PDF →No AI summary yet for this judgment.
Cause title — parties, addresses and appearances
O R D E R %
2026 CM APPL. 47308/2026 (exemption)
Allowed, subject to all just exceptions.
Application stands disposed of. W.P.(C) 10186/2026
By way of the present writ petition, the petitioner is seeking following prayers: “a. Issue an appropriate writ, order, or direction, including a Writ in the nature of Declaration/Certiorari, declaring the action of the Respondents in unilaterally imposing and deducting a sum of Rs. 96,75,672/- from the Petitioner's bills under the garb of a "Notional Penalty" (calculated at inflated minimum wage rates instead of the contractual rate) as highly arbitrary, illegal, ultra vires the contract agreement, and violative of Article 14 of the Constitution of India, and consequently quash all internal memos/orders effectuating such deductions; b. Issue a Writ in the nature of Mandamus or any other appropriate writ, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:20:22
directing the Respondents to forthwith refund/release the illegally deducted amount of Rs. 96,75,672/- to the Petitioner, as a consequential relief to Prayer (A), along with applicable interest; c. Issue an appropriate writ, order, or direction declaring the action of the Respondents in freezing the indirect tax payments at an obsolete Service Tax rate of 10.30% and failing to reimburse the dynamically applicable statutory Service Tax/GST rates as illegal, arbitrary, and amounting to unjust enrichment by the State; d. Issue a Writ in the nature of Mandamus directing the Respondents to reimburse/refund the short-paid statutory indirect tax component amounting to Rs. 1,17,45,841/-, which was erroneously absorbed by the Petitioner during the transition to the GST regime, along with applicable interest; e. Issue a Writ in the nature of Mandamus or any other appropriate writ directing the Respondents to immediately release the arbitrarily withheld 25% of the previously sanctioned bill payments, amounting to approximately Rs.
70 Crores, as the retention of the said amount is without the authority of law and violative of Article 300A of the Constitution; f. Issue a Writ in the nature of Mandamus directing the Respondents and their subordinate field officials (TIs/MHCs) to forthwith verify, process, and clear all pending crane bills from February 2021 till date (aggregating to over Rs. 8.5 Crores), strictly on the basis of available official records and Roznamcha, without arbitrarily refusing verification on the pretext of their personal "tenure," and subsequently release the said payments in a time-bound manner; g. Issue strict directions commanding the concerned officials of the Delhi Police Traffic Circles to verify the Petitioner's long-pending bills strictly on the basis of available official records and Roznamcha, and restraining them from unlawfully refusing verification, in strict compliance with the written directives already issued by the DCP, Traffic (HQ); h. Direct the Respondents to institute a formal internal inquiry or audit to ascertain the reasons for this systemic financial deprivation, and to fix administrative accountability upon the erring officials whose deliberate inaction, suppression of the Financial Advisor's queries, and defiance of internal orders have caused immense financial and mental agony to the Petitioner; i. Award the costs of this writ petition in favor of the Petitioner and against the Respondents; and j. Award the costs of this petition in favor of the Petitioner.”
After hearing learned counsels appearing on behalf of the petitioner and in view of the issue involved in the instant petition, this Court finds it This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:20:22
appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of six weeks from date, under intimation to the petitioner herein.
In above terms, the present petition stands disposed of.
In case of any further grievance, the petitioner will be at liberty to approach this Court.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 24, 2026/vc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/07/2026 at 15:20:22
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.