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Delhi High Court - Orders

Devender Kumar vs Naveen Agarwal And Ors on 1 September, 2023

Author: Jasmeet Singh

Bench: Jasmeet Singh

                                    $~68
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CONT.CAS(C) 827/2023
                                                DEVENDER KUMAR                                                                  ..... Petitioner
                                                            Through:                                           Mr N.K. Sahoo, Adv.

                                                                                      versus

                                                NAVEEN AGARWAL AND ORS                ..... Respondents
                                                            Through: Ms Puja Kalra, Adv. for MCD

                                                CORAM:
                                                HON'BLE MR. JUSTICE JASMEET SINGH
                                                             ORDER

% 01.09.2023 CM APPL. 45186/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of.

CONT.CAS(C) 827/2023

1. There seems to be an inconsistency in the LOR and COV issued in favour of the petitioner. The LOR states Nature/Product of Vending as "Cloth and Handloom items", at fixed location as per Category of Vending, whereas the COV states Nature/Product of Vending as "Food/Snack with gas cylinder/fire."

2. Ms Kalra, learned Standing Counsel appearing for the MCD shall take instructions and file a status report in this regard.

3. Ms Kalra states that Kamla Nagar is a non-vending zone which is disputed by learned counsel for the petitioner.

4. List on the date already fixed i.e. 15.12.2023.

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 16/09/2023 at 15:36:46 CM APPL. 45185/2023

5. This is an application seeking release of the confiscated goods of the petitioner in terms of Section 19 of the Street Vendors Act, 2014.

6. Issue notice.

7. Ms Puja Kalra, learned Standing Counsel accepts notice for the MCD.

8. For the reasons stated in the application, the application is allowed and it is directed that the seized goods of the petitioner be released to him expeditiously in accordance with Section 19 of the Street Vendors Act, 2014.

As prayed, copy of this order be given dasti under the signatures of Court Master.

JASMEET SINGH, J SEPTEMBER 1, 2023 sr Click here to check corrigendum, if any 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 16/09/2023 at 15:36:46