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% 15.05.2023

1. Present none for the petitioner.

2. By way of present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the following reliefs:

"a) Issue a writ/order/directions, thereby directing the Respondents 1-3 to stop the illegal activities of cooking and selling of food items in the residential area in Property No. 78/6, 77/3& 78/3 Near Shadab Masjid, Batla House, Jamia Nagar, New Delhi, in a negligent and hazardous manner which is being carried out without any license or permission from the concerned authorities.
3. The Respondent No. 4 is running a biryani shop under the name of Salman Biryani Center. The shop at property bearing No H- 77/3, Batla House, Jamia Nagar, Delhi is used to prepare food. The property bearing No. H-78/6, Batla House, Jamia Nagar, Delhi is used to serve the prepare food. The property bearing No. H-78/4, Batla House, Jamia Nagar, Delhi is used for residential purpose by the Respondent No. 4 and shop of Petitioner is also situated in this property. The Respondent No. 4 has another shop at property bearing No. H-78/3, Batla House, Jamia Nagar, Delhi.

5. That in response to the said show cause notice the owner/ occupier / noticee of the alleged eating houses submitted the reply / affidavit stating/ undertaking therein that the said trade activity has been closed. The copy of reply along with affidavit are annexed herewith as Annexure -C (Colly).

6. That further in order to ascertain the latest status of the site in question i.e. No. 78/6, 77/3 & 78/3 Near Shadab Masjid , Batla House, Jamia Nagar , New Delhi, the concerned area field staff / APHI of Health Department of Central Zone / SDMC have again inspected the properties in question on 27/02/2020 and during the inspection it has been noticed / observed that the alleged trade activity is still running at site. Noticing the same the owner / occupiers has again been prosecuted by issuing challan u/s 417/397 of DMC Act, 1957. The copy of challans as issued are annexed as Annexed -D(Colly)."

"2. That a trade of Eating House in the Name and style of M/s Salman Biryani is running at 78/6, Batla House Near Shadab Masjid New Delhi.
3. That the area Public Health Inspector has inspected the site on dated 12.05.2023 and reported that Mr.Shehzad is running the trade of Eating House with 30 seats without Municipal Health Trade License. A prosecution action has been taken vide challan no. 33419 dated 12.05.2023 against Mr. Shehzad. A show cause notice was also issued to the trader vide D-250 dated 13/5/3023. Copy of the show Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:16.05.2023 12:53:03 cause notice dated 13.05.2023 alongwith challan dated 12.05.2023 are annexed herewith as ANNEXURE-A.