Pankaj Pandey v. Keshav Chanddra And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 218/2025 & CM APPL. 8437/2025 PANKAJ PANDEY .....Petitioner Through:

Mr Nagendra Kr Sahoo, Advocate.

versus KESHAV CHANDDRA AND ANR .....Respondents Through:

Mr Sriharsha Peechara, SC, Mr Mananjay Kumar Mishra, ASC, Mr Akshat Kulshrestha and Mr D S Bhanu, Advocates for NDMC.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 12.02.2025 1.

The petitioner has filed the present petition, inter alia, praying that proceedings under Sections 10 and 11 of the Contempt of Courts Act, 1971 (hereafter the Act) be initiated against the New Delhi Municipal Council (NDMC) and the police authorities for wilful violation of the order dated 08.10.2021 passed by this court in the W.P.(C) No.9928/2021. 2.

According to the petitioner, the NDMC and the police authorities have failed to ensure that vendors do not leave their goods at the squatting spot and the vending sites are cleared at the end of the day. 3.

The learned counsel for the petitioner has referred to the paragraph no. 9 of the order dated 08.10.2021 passed in W.P.(C) 9928/2021, which he submits has not been complied with. Paragraph no. 9 of the order dated 08.10.2021 passed in W.P.(C) 9928/2021 is set out below: 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 18/02/2025 at 11:06:54

"9. The NDMC is directed to file reply/ status report positively within two weeks. We again direct the respondent authorities to comply with our order dated 14.09.2021. We further direct them to ensure that no goods are left at the site and the goods should be removed and cleared at the end of the day everyday - which is also a requirement in terms of order passed by this Court on 25.04.2017 in W.P.(C.) No. 11592/2016 and other connected petitions by a Division Bench of this Court. The Delhi Police shall seize all such articles and goods which are found lying in Market area on a daily basis with the assistance of the officers of the NDMC."

4.

Mr. Sahoo has also referred to a photograph, which indicates that certain goods are left on the verandah in front of one of the shops. 5.

The learned counsel appearing for the NDMC submits that effective steps are being taken on a regular basis for removal of the goods and to ensure that no goods are left at the sites overnight. He submits that so far as the photograph filed by the petitioner is concerned, the concerned authority shall examine the same and take necessary action, in accordance with law. 6.

In view of the above, we do not consider it apposite to initiate any proceedings under the Contempt of Courts Act, 1971. The petition is accordingly disposed of. Pending application is also disposed of. VIBHU BAKHRU, J ANOOP KUMAR MENDIRATTA, J FEBRUARY 12, 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 18/02/2025 at 11:06:54