Delhi High Court - Orders
Vendors Sahkari Samiti Ltd. Bareilly ... vs Union Of India & Ors on 26 July, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13154/2018 & CM APPLN. 51046/2018, 5127/2019,
50105/2019
VENDORS SAHKARI SAMITI LTD. BAREILLY
JUNCTION & ORS. ..... Petitioners
Through Mr. Wasim A. Qadri, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr. Jagjit Singh, Senior Counsel
with Mr. Preet Singh and Mr. Vipin
Chaudhary, Advocates for Railways
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 26.07.2021 CM APPLN. 20074/2021
1. The hearing was conducted through video conferencing.
2. Petitioner No. 14 - M/s Syed Ahmad Hussain & Sons seeks permission for sale of packed items at the fruit and juice stalls licence to the said petitioner.
3. Learned counsel for the petitioner submits that the similar permissions had been granted to various vendors for the sale of other packed items in addition to fresh juice and fruits at the licenced stalls by permission letter dated 14.08.2020 subject to certain conditions.
W.P.(C) 13154/2018 Digitally Signed
1
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:26.07.2021
Signing Date:26.07.2021 21:23:06 19:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. He submits that without prejudice to the dispute in the present petition, said petitioner is willing to pay the proportionate increase based on the proposed enhanced licence fee which is impugned in this petition.
5. In this petition, the petitioners have impugned, enhancement of the licence fee claimed by the respondents.
6. By order dated 05.12.2018, while issuing notice, this Court had stayed order dated 28.09.2018, impugned in the writ petition, however, directed the petitioner to continue to pay the licence fee which they were already paying before passing of the order dated 28.09.2018.
7. Keeping in view of the facts and circumstances, it is directed that the respondent shall extend the permission for sale of other packed items to Petitioner No. 14 M/s Syed Ahmed Hussain & Sons as per its letter dated 14.08.2020 subject to petitioner complying with the terms and conditions of the respondent and also paying the proportionate increase based on the proposed enhanced licence fee claimed by the respondent by the impugned order dated 28.09.2018.
8. Petitioner No. 14 shall also ensure that there are no arrears of licence fee as per the order dated 05.12.2018 of this Court.
9. This would be without prejudice to the rights and contention of the parties.
W.P.(C) 13154/2018 Digitally Signed
2
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:26.07.2021
Signing Date:26.07.2021 21:23:06 19:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
W.P.(C) 13154/2018
10. List for hearing on 17.09.2021.
11. In the meantime, petitioner shall file rejoinder within four weeks. Parties shall also file a brief synopsis of their submissions before the next date of hearing.
12. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
JULY 26, 2021
'rs'
W.P.(C) 13154/2018 Digitally Signed
3
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:26.07.2021
Signing Date:26.07.2021 21:23:06 19:53
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.