Delhi High Court - Orders
Dinesh Chopra vs Court Of Financial Commissioner on 20 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 29/2023 & CM APPL. 60/2023, CM APPL. 63/2023
DINESH CHOPRA ..... Petitioner
Through: Ms. Archana Gaur, Advocate with
Petitioner in person. (M:
9810082539)
versus
COURT OF FINANCIAL COMMISSIONER ..... Respondent
Through: Mr. Avishkar Singhvi, Mr. Vivek
Kumar, Mr. Naved Ahmed,
Advocates (Mob. No. 7701828881)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.03.2023
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner seeking direction to the Court of Financial Commissioner to decide the application filed under Section 340 Cr.P.C. before deciding the main appeal. The Petitioner is an individual who is affected by the non-renewal of his Bread and Breakfast license for his premises at Karol Bagh, which he was running since 2010. Petitioner has been aggrieved by the non-renewal of the Bread and Breakfast license by the Court of Financial Commissioner.
3. Vide order dated 4th January 2023, the Court directed as follows:
"Accordingly, Mr. Avishkar Singhvi, ld. Counsel appearing for the Financial Commissioner is also requested to seek instructions from the Tourism Department of GNCTD, which deals with the issuance/renewal of Bread and Breakfast licenses. It is further directed that the Petitioner's Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 15:04:09 premises shall be inspected by the concerned Department and a report shall be placed before this Court as to whether the Bread and Breakfast license can be renewed and if not, reasons for non- renewal of the license be also specified. The said report be filed within a period of 4 weeks. 8. In addition, the record of the Financial Commissioner shall also be produced before this Court on the next date of hearing."
4. Ld. counsel for the Respondent submits that he needs further time to file the inspection report and the status report.
5. It is seen from the record that there is an Inspection Report dated 9th February 2023 on record, which has been filed by the Petitioner-in-person, as per which two inspections have been effected on the Petitioner's premises i.e. on 25th January, 2023 and again on 31st January, 2023. As per the latest inspection, which was done, the following observations have been made.
"The officers have again visited the premises on 31.01.2023 and observed as under:
(i) The sizes/dimensions of the all the bedrooms at First and Third Floor at premises H. No. 8A/59 WEA Karol Bagh, New Delhi were found as per norms of Bed & Breakfast Scheme except one room at third floor which did not have attached bathroom.
(ii) The floor tiles and walls of the rooms at First Floor of premises H. No. 8A/59 WEA Karol Bagh, New Delhi were not found clean. The floor needs to be polished and the walls & roof painted appropriately to fulfill the requirements of the prescribed Check-List (Check-list annexed as Annexure-A).
It is submitted that earlier on 25.04.2019 an inspection was conducted by the Committee at House No. 8A/59, WEA Karol Bagh, New Delhi for registration of premises under Bed & Breakfast Scheme and observed that only one (01) room was Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 15:04:09 meet the norms as per Form-C (Check-list) of the Rules. The Committee therefore recommended only one (01) Room instead of 04 Rooms under this scheme. On recommendations of the Committee, the Prescribed Authority has registered One (01) Room on 19.07.2019 in the in the name of "New Chopra Residency" owned by Sh. Dinesh Chopra situated at H. No. 8A/59, 1st Floor WEA Karol Bagh, New Delhi and the validity of registration certificate was 18.07.2022 (Registration Certificate is annexed as Annexure-B). Conclusion;
Since, there is no application of the applicant pending for registration of Bed & Breakfast Establishment, the applicant may be asked to make a fresh online application for registration.
Before making an application, the applicant is expected to go through the provisions of the Bed & Breakfast Scheme given on the website of the department including the check-list prescribed in the Bed & Breakfast Rules and ensure that the applicant's premises are in good condition and meet all the requirements of the Check-List (Form-C). When the petitioner makes a fresh application for registration of his premises under "The National Capital Territory of Delhi (Incredible India) Bed & Breakfast Establishment (Registration and Regulation Act, 2007" , a fresh inspection of the premises will be undertaken and the registration can be recommended subject to fulfilling the provisions of the Act & Rules made thereunder."
6. A perusal of the above Inspection Report would show that currently, there is no application of the Petitioner pending for registration as a Bed & Breakfast Establishment before the Financial Commissioner. If the Petitioner is so advised, he may file a fresh application online for registration.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 15:04:097. Both the counsel for the parties are unaware of this inspection report dated 9th February 2023, which has been filed by the Petitioner-in-person. On a query from the Court, the Petitioner in person, submits that he obtained the Inspection Report from the Financial Commissioner's office. Let the counsels peruse the same. Let the photographs of the premises and of all the various rooms be also placed on record.
8. The status report shall now be filed within a period of 6 weeks. The Petitioner is given liberty to approach this Court if any coercive steps are taken by the Respondent.
9. List on 21st August, 2023.
PRATHIBA M. SINGH, J.
MARCH 20, 2023 dk/dn Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:22.03.2023 15:04:09