Delhi High Court - Orders
Md. Azad And Ors vs New Delhi Municipal Council And Ors on 19 January, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul, Talwant Singh
$~S-19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13089/2021
MD. AZAD AND ORS. ..... Petitioners
Through: Mr. N.K. Sahoo, Advocate.
versus
NEW DELHI MUNICIPAL COUNCIL AND ORS.
..... Respondents
Through: Mr. Yoginder Handoo, ASC along
with Mr. Ashwin Kataria, Mr.
Garvit Solanki and Mr. Sarthak
Ghonkrokta, Advocates for
NDMC.
Ms. Pragya Barsaiyan and Mr.
Harshit Goel, Advocates for Mr.
Gautam Narayan, ASC for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 19.01.2023 CM APPL. 56483/2022 (for direction) The present application under Section 151 of the Code of Civil Procedure, 1908, has been instituted on behalf of the applicants/petitioners, praying as follows:-
"In this Premises it is therefore prayed that this Hon'ble Court may be pleased : -
(a) To direct the respondents not to disturb the petitioners till disposal of the Writ Petition ;
(b) to direct the respondent to release the goods /items of the petitioner No 1 &2;
And to pass such other and further order or orders as this Hon'ble court deem fit and proper in the interest of Justice."
Signature Not Verified Digitally Signed W.P.(C) 13089/2021 Page 1 of 2 By:DURGESH NANDAN Signing Date:23.01.2023 15:22:08Insofar as, the prayer clause (a) of the present application is concerned, learned counsel appearing on behalf of the applicants/petitioners, does not press the same.
Insofar as, the prayer clause (b) of the present application is concerned; having heard learned counsel appearing on behalf of the parties and in view of the clear mandate of the provision of Section 19 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; New Delhi Municipal Council (NDMC) is directed to release the subject confiscated goods, within a period of four days from today, subject to payment of fees, as may be levied, in terms of the extant provision of the said Act.
The application is disposed of accordingly. W.P.(C) 13089/2021 Mr. N.K. Sahoo, learned counsel appearing on behalf of the petitioners, prays for and is granted four weeks' time to file an affidavit- in-rejoinder to the counter-affidavit filed on behalf of the NDMC, after providing an advance copy to learned counsel appearing on behalf of the NDMC.
List on 11.04.2023.
SIDDHARTH MRIDUL, J TALWANT SINGH, J JANUARY 19, 2023/rs Click here to check corrigendum, if any Signature Not Verified Digitally Signed W.P.(C) 13089/2021 Page 2 of 2 By:DURGESH NANDAN Signing Date:23.01.2023 15:22:08