Sagir Alam v. New-Delhi Municipal Council And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 979/2025 & CM APPL. 4819/2025 SAGIR ALAM .....Petitioner Through:

Mr N K Sahoo, Advocate.

versus NEW-DELHI MUNICIPAL COUNCIL AND ORS.

.....Respondents Through:

Mr Sri Harsha Peechara, SC Mr Akshat Kulshrestha and Mr D S Bhanu, Advocates for NDMC.

Mr Manoj Kumar Tyagi, SPC for R3 and R4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 27.01.2025 1.

The petitioner has filed the present petition, inter alia, praying as under:

"(a) To issue a writ of mandamus or appropriate writ or direction or order directing the respondents to treat the petitioner as an active/regular vendor considering petitioner's representations dated 08.02.2024 & 01.03.2018 and to change the category as "Found" instead of "Not Found" in terms of Order dated 05.02.2024 passed in Writ Petition No 1598/2024, 1599/2024, 1600/2024 & 1662/2024 as well as order dated 09.04.2018 passed in writ petition No 12169/2016;"

2.

The petitioner claims that he has been carrying on his activities from a vending site described as 'Infront of Shop No.16, Sarojini Nagar Market, Sarojini Nagar, New Delhi-110023' since the year 1989. 3.

The petitioner's claim to the aforesaid extent is disputed by the New Delhi Municipal Council (NDMC).

However, it is not disputed that the 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 31/01/2025 at 12:31:46

petitioner had applied for a Tehbazari license in the year 2007 and his name also find mentioned in the list of 628 persons, who were found to be eligible for allotment of the Tehbazari spaces in the year 2012. 4.

The petitioner is, essentially, aggrieved by recording his status as 'not found' in the surveys undertaken after the year 2012. Accordingly, the petitioner prays that his category be changed from 'not found' to 'found'. 5.

Mr Peechara, the learned counsel appearing for the NDMC submits that the list prepared by the NDMC recording that the petitioner was 'not found' would not prejudice the petitioner in the survey that is going on. He submits that the petitioner is not precluded from participating in the survey and providing all relevant documents/records in support of his claim that he has been carrying on the vending activities since the past several years. 6.

Mr Sahoo, the learned counsel appearing for the petitioner submits that he is satisfied with the assurance as held out on behalf of the NDMC. In view of the above, no further directions are required to be passed. 7.

The petition is accordingly, disposed of. Pending application is also disposed of.

VIBHU BAKHRU, J AJAY DIGPAUL, J JANUARY 27, 2025 M Click here to check corrigendum, if any 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 31/01/2025 at 12:31:46