Delhi High Court - Orders
Raju vs New Delhi Municipal Council-Tvc on 15 May, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul, Talwant Singh
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4195/2023 & CM APPL. 16230/2023 (Interim relief)
RAJU ..... Petitioner
Through: Mr. Satish Kumar Tripathi,
Advocate with petitioner in
person.
versus
NEW DELHI MUNICIPAL COUNCIL-TVC ..... Respondent
Through: Mr. Sri Harsha Peechara, ASC
with Ms. Harshita Gupta,
Advocate.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 15.05.2023 The present writ petition has been instituted on behalf of the petitioner under Article 226 of the Constitution of India, 1950, praying as follows:
"a. admit the writ petition against the respondent. b. That direction may be issued that the petitioner may not be disturbed from the present vending site at near i.e near Kios No. N- 10, Rajendra Prasad Road, Jawahar Bhawan, Shastri Market, New Delhi (more particularly as mentioned in the Memo of Parties) as same does not falls under No hawking/ No Vending Zone till such time the TVC of NDMC will complete the exercise of proper verification and final allotment of vending site to him as per the provisions of the Act as petitioner is existing and verified street vendor.
c. pass any other order/ relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."W.P.(C) 4195/2023 Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 08:25:06 Our attention has been invited to the order passed by the coordinate Bench of this Court dated 22.03.2017, which inter alia directed as follows:
"The petitioner claims that he was granted a hawking licence for selling bakery products on cycle. However, this licence was not renewed by him after March, 2011 on the belief that NDMC was going to allot permanent vending sites to similarly situated persons. Petitioner also claims that post 2011, he started selling other permissible items from his place i.e. Kiosk No. N-10, Rajendra Praasad Road, Jawahar Bhawan, Shastri Market, New Delhi. The petitioner submits that despite NDMC having formulated a Scheme under the directions of the Supreme Court in respect of urban street vendors falling under the NDMC area, he did not apply for the licence in good faith. The petitioner seeks protection from this court from being removed from the site mentioned herein above.
Mr. Harsha, learned standing counsel for NDMC, submits that the petitioner, for the reasons best known to him, did not get renewed his licence to sell bakery products on a cycle. Counsel further submits that the petitioner cannot be permitted to vend at the site in question. Additionally, it is submitted that the name of the petitioner does not find mentioned either in the list of 628 persons nor in any other list nor he has made any application for renewal of his licence or grant of a fresh licence.
Counsel for petitioner submits that the petitioner is now suffering from paralysis and he would not be able to carry out his vending activities on cycle. However, he would move an application for renewal of his licence and place relevant documents on record to enable the NDMC/Vending Committee to consider his request in accordance with law.
We dispose of this writ petition with the direction as prayed by the petitioner that the petitioner would make an application for renewal of his licence. He would also submit supporting documents in respect of his illness and seek a licence in accordance with law. The petition is disposed of accordingly.
CM No. 9927/2017 (stay) In view of the above order, the application also stands disposed of."
Mr. Satish Kumar Tripathi, learned counsel appearing on behalf of the petitioner states that despite passage of time, the directions issued vide order dated 22.03.2017, by a coordinate bench of this Court has not W.P.(C) 4195/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 08:25:06 been complied with.
In view of the foregoing, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present writ petition with liberty to initiate appropriate proceedings seeking initiation of contempt of Court against the respondent on account of their failure to comply with the directions contained in the order dated 22.03.2017, in the earlier writ petition in accordance with law.
Leave and liberty granted.
No further relief is prayed for.
The writ petition is dismissed as withdrawn and disposed of accordingly. Pending application(s) also stand disposed of.
Copy of this order be uploaded on the website of this Court.
SIDDHARTH MRIDUL, J TALWANT SINGH, J MAY 15, 2023/pa Click here to check corrigendum, if any W.P.(C) 4195/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 08:25:06