Delhi High Court - Orders
M/S Intezar Meat Shop vs Municipal Corporation Of Delhi on 30 November, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16085/2022, CM APPL. NOS. 50210-11/2022
M/S INTEZAR MEAT SHOP ..... Petitioner
Through: Mr. Habibur Rahman and Md.
Noorullah, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI ..... Respondent
Through: Ms. Anuj Chauhan, ASC with Ms.
Ritika Prasad and Mr. Dilip Gupta,
Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 30.11.2022
1. By way of present petition filed under Article 226 of the Constitution of India, the petitioner, who claims to be running a meat shop in pursuance to a valid meat shop licence issued by the respondent/Corporation vide licence deed dated 31.12.2020, is aggrieved by the issuance of Show Cause Notice dated 10.08.2021 as well as the cancellation order dated 11.11.2022 passed by the respondent.
2. Mr. Habibur Rahman, learned counsel appearing for the petitioner submits that after receipt of the show cause notice, the petitioner applied for renewal of the licence on 16.08.2021 and also deposited the requisite licence fee of Rs. 13,000/- subsequent to which the petitioner was asked to submit the required documents. However, without considering the same, the impugned cancellation order dated 11.11.2022 has been passed.
3. Ms. Anuj Chauhan, learned ASC for the respondent/Corporation Digitally Signed By:SANGEETA ANAND Signing Date:30.11.2022 18:23:05 submits that the petitioner has an alternate efficacious remedy in terms of the "Policy for grant of license to the meat shops and meat processing plants/meat storage unites of South Delhi Municipal Corporation" dated 12.03.2021 wherein a provision of appeal has been provided before the Dy. Commissioner of the concerned zone against the orders of Zonal Dy. Director (VS)/Zonal Veterinary Officer.
4. At this stage, learned counsel for the petitioner submits that the petitioner would approach the Dy. Commissioner of the concerned zone against the cancellation order within one week from today and prays that the petitioner may be protected till the appeal is decided.
5. Accordingly, the present petition is disposed of with the directions that subject to petitioner filing the appeal within one week from today, as undertaken, the same shall be disposed by way of a speaking order and after grant of personal hearing, preferably within three months from today. Till the disposal of the appeal, no precipitate action be taken against the petitioner in pursuance to the impugned cancellation order.
DASTI.
MANOJ KUMAR OHRI, J NOVEMBER 30, 2022 ga Digitally Signed By:SANGEETA ANAND Signing Date:30.11.2022 18:23:05