Delhi High Court Justice Girish Kathpalia recuses from case he dealt with as District Judge

Justice Girish Kathpalia of Delhi High Court recently recused from hearing a case after it came to his notice that he had dealt with the same matter and passed significant orders when he was a Principal District & Sessions Judge [Rakesh Chand Rustogi & Ors v Amritson Towers India Pvt Ltd & Anr].

He then ordered that the matter be placed before a different bench.

"Since during my tenure as Principal District & Sessions Judge (HQs), I dealt with this case and passed significant orders leading to the impugned order, it would be appropriate if this petition is heard by some other bench. Subject to orders of Hon’ble Chief Justice, list before some other bench on 10.09.2025," the Court said in the order dated September 8.

Justice Kathpalia further said that the interim order in the case will continue.

The High Court was dealing with a petition under Article 227 of the Constitution of India assailing the order dated November 30, 2023 passed by the Principal District & Sessions Judge-cum-Rent Control Tribunal, Tis Hazari Courts.

Before the tribunal, Rakesh Chand Rustogi and others challenged an eviction order passed under the Delhi Rent Control Act. The tribunal dismissed the same.

The petitioners then moved the High Court.

After Justice Kathpalia's recusal on September 8, the case was listed before Justice Tara Vitasta Ganju on September 10.

She asked both sides to file written synopses and listed the case for further consideration on December 18.

Advocates Ajay Gupta, Avinash Sharma, Vishnu Dutt and Akanksha Kapoor appeared for the petitioner.

Advocates SK Bhaduri and Neetu Gupta represented the respondent.

[Read Order]