Delhi High Court - Orders
Ram Daras And Ors vs Govt. Of N.C.T. Delhi And Ors on 1 February, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~22 (2022 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10655/2015 & CM APPL. 27271/2015
RAM DARAS AND ORS. ..... Petitioners
Through: Mr. J.P. Sengh, Senior Advocate
with Ms. Aditi Gupta and Ms.
Manisha Mehta, Advocates.
versus
GOVT. OF N.C.T. DELHI AND ORS. ..... Respondents
Through: Mr. Devesh Singh, ASC (Civil),
GNCTD with Mr. Manas
Bhatnagar, Advocate for R-1 to R-
4 (Mobile Nos: 9810644355,
9818742427).
Ms. Avnish Ahlawat, Advocate for
R-5 and R-6.
Ms. Mrinalini Sen and Mr. Nitin
Mishra, Advocates for R-7.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.02.2022 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 5218/2022 (for interim directions)
1. Issue notice. Mr. Devesh Singh, learned Standing Counsel, accepts notice on behalf of the respondent Nos. 1 to 4. Ms. Avnish Ahlawat, learned counsel, accepts notice on behalf of the respondent Nos. 5 and 6. Mr. Nitin Mishra, learned counsel, accepts notice on behalf of the respondent No. 7. The respondent No. 8 be served through learned Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:01.02.2022 17:34:36 W.P.(C) 10655/2015 Page 1 of 3 counsel on record.
2. In the captioned writ petition, the petitioners, who claim to be licensed wholesale vendors of fruits and vegetables in Nasirpur Mandi, have challenged a notification of the respondent No. 6-Agricultural Produce Marketing Committee dated 02.09.2014.
3. By way of this application, they seek an interim order of status quo in line with the order dated 28.01.2015 passed in W.P.(C) 7841/2014 [Rajbir Singh & Ors. vs Government of NCT of Delhi & Ors.], filed by other vendors with whom the petitioners claim parity.
4. Mr. J.P. Sengh, learned Senior Counsel for the petitioners, submits that several writ petitions involving the same issue filed by different groups of vendors in Nasirpur Mandi are being heard together, in which W.P.(C) 7841/2014 is designated as the lead petition. In the said petition, an interim order was passed on 28.01.2015 directing maintenance of status quo vis-à-vis the petitioners therein with regard to their permission to vend fruits and vegetables from their present location. A similar order was also passed on 05.05.2015 in W.P.(C) 4445/2015 [Krishan and Ors. vs. Govt. of NCT of Delhi And Ors.]. The petitioners' difficulty arises as no similar protective orders have been passed in the present petition. They apprehend that, in these circumstances, a drive for removal of encroachment, which is proposed by the respondent-Government of National Capital Territory of Delhi's ["GNCTD"] authorities will also affect them. A notice dated 04.01.2022 in this regard has also been filed alongwith the present application.
5. Mr. J.P. Sengh submits that this petition was not taken up for hearing on the first two dates of listing by reason of which, perhaps Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:01.02.2022 17:34:36 W.P.(C) 10655/2015 Page 2 of 3 inadvertently, no specific interim order was passed in this petition.
6. Mr. Devesh Singh seeks time to take instructions and file a status report. Two weeks' time is granted for this purpose. However, Mr. Devesh Singh's submissions, based on the tentative instructions he has received, seem to indicate that the apprehension of the petitioners is not entirely misconceived, and the absence of a specific interim order in this petition is being held against them by the GNCTD authorities.
7. In the meantime, Mr. J.P. Sengh submits that no drive for removal of encroachment, as contemplated in the notice dated 04.01.2022, be conducted against the petitioners.
8. It prima facie appears that the petitioners are similarly placed as the petitioners in W.P.(C) 7841/2014 and connected matters. Consequently, in line with the interim orders passed in similar matters, the respondents are directed to maintain status quo until the next date of hearing vis-à-vis the petitioners, with regard to their permission to vend vegetables at their present location.
9. List on 30.03.2022.
PRATEEK JALAN, J FEBRUARY 1, 2022 'vp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:01.02.2022 17:34:36 W.P.(C) 10655/2015 Page 3 of 3