$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 463/2026 GOVERNMENT OF NCT OF DELHI & ANR. .....Appellant Through: Mr.Sameer Vashisht, S.C.(Civil) with Ms.Harshita Nathrani, Advs. versus MUMTIYAJ ALI .....Respondent Through: Mr.Chirayu Jain, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 06.07.2026 CM APPL. 40805/2026 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. LPA 463/2026 & CM APPL. 40804/2026 3. Heard the learned counsel for the parties. 4. This Letters Patent Appeal seeks to challenge an order dated 07.05.2026 passed by the learned Single Judge whereby an application seeking recall of an earlier order dated 15.01.2025 has been dismissed, however liberty has been granted to the appellant to approach the Roster Bench dealing with the writ petition and apprise the Court that on account of 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 08/07/2026 at 11:58:46 certain legal impediments, earlier order dated 15.01.2025 cannot be complied with. 5. The primary ground taken by the appellant seeking recall of the order dated 15.01.2025 before the learned Single Judge was that though the order dated 15.01.2025 was based on a concession on behalf of the learned counsel for the appellant as recorded in para 3 of the said order, however learned counsel representing the appellant before the learned Single Judge was never instructed to give any such concession. The application seeking recall of the order dated 15.01.2025 was moved after sufficient delay and the learned Single Judge while passing impugned order dated 07.05.2026, has returned a finding that delay/laches in moving the said application was demonstrative of lack of merits as asserted in the recall application. 6. The order in respect of which recall application was preferred was passed on 15.01.2025 and the application seeking recall of the said order was preferred in the month of September, 2025, accordingly we are not inclined to interfere with the findings recorded by the learned Single Judge in respect of the fact that the application was moved with unexplained delay/laches. 7. However, what we also notice simultaneously is that the order dated 15.01.2025 is an interlocutory order, vacation whereof on all grounds other than the ground that the learned counsel representing the appellant before the learned Single Judge was not instructed to give concession, can always be moved. 8. In view of the aforesaid, without interfering with the order dated 07.05.2026 passed by the learned Single Judge, we dispose of this appeal along with pending application, with liberty to the appellant to move an 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 08/07/2026 at 11:58:46 appropriate application seeking vacation of the order dated 15.01.2025 before the learned Roster Bench dealing with the said writ petition. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 6, 2026 S.Rawat 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 08/07/2026 at 11:58:46