M/S Tatva Hospitality Through Its Partner Mr Varun Bansal v. The Commissioner Of Police & ORS.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2805/2025 and CM APPL.13336/2025 M/S TATVA HOSPITALITY THROUGH ITS PARTNER MR VARUN BANSAL .....Petitioner Through:

Mr. Nihit Dalmia, Mr. Jeevesh Mehta and Mr. Neeraj Nachiketa, Advocates.

versus THE COMMISSIONER OF POLICE & ORS.

.....Respondents Through:

Ms. Avshreya Pratap Singh Rudy, Advocate alongwith ACP Satinder Sangwan and Insp. Sushila Ekka.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 28.07.2025 1.

Respective counsel for the parties pointed out that pursuant to order dated 19.06.2025 issued by the Hon'ble Lieutenant Governor, Delhi, the requirement for the petitioner to obtain an "Eating House License" from the respondent no. 1 is obviated. The relevant extracts of the said order are as under:- "Whereas, with prior sanction of the then Hon'ble Lt. Governor, Delhi in terms of provisions of Section 28 (2) of the Delhi Police Act, 1978, The commissioner of Police, Delhi, had notified regulations under section 28(1) of Delhi Police Act, 1978, for regulating and issuing licenses/No Objection Certificates/permissions for the following categories of trade activities within the jurisdiction of Delhi:- SL.

No.

Name of Trade Activity Regulation No. And Date 1.

Swimming Pools No. 1517/Special Cell/PHQ dated 23.06.1980 2.

Eating Houses No. 160/Joint CP/Licensing (EDP) dated 08.04.2023 {GSR No. 284(E)} 3.

Hotels/Motels/Guest Houses GSR No. 812 (E) dated 31.10.2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Discotheques GSR No. 812 (E) dated 31.10.2023 5.

Video Game Parlours GSR No. 812 (E) dated 31.10.2023 6.

Amusement Parks GSR No. 812 (E) dated 31.10.2023 7.

Auditoriums GSR No. 812 (E) dated 31.10.2023 XXX XXX XXX 15.

And whereas, I have now taken a considered view to repeal the regulations under Section 28(1) of the Delhi Police Act, 1978, covering the seven trade activities mentioned in Para 1. 16.

Now, therefore, in exercise of powers under section 28(2) read with section 4 of the Delhi Police Act, 1978, I hereby withdraw the sanction granted to Commissioner of Police, Delhi, for issuance of regulations under Section 28(1) of the Delhi Police Act, 1978, covering the seven activities mentioned in Para 1 and Commissioner of Police, Delhi is directed to issue a notification repealing the said regulations with immediate effect. The repeal notification shall be given wide publicity by Delhi Police and Home Department." 2.

It is also informed by the respective counsel during the course of hearing that pursuant to the order dated 20.03.2025 passed by this Court, the petitioner's excise license/s (L17 and L17F) was extended till 30.06.2025; thereafter, subsequent to the payment of requisite fees by the petitioner, the said license/s was further extended till 31.03.2026. It is acceded by the learned counsel for the respondents that in light thereof, there is no impediment for the petitioner to carry on its activities pursuant to the excise license/s already issued to the petitioner by respondent no. 2. 3.

Learned counsel for the petitioner submits that the petitioner is, however, impeded from doing so on account of the fact that the 'bar' of the petitioner's eating establishment was sealed on 03.12.2024; and despite the order dated 20.03.2025 passed by this Court alongwith the subsequent extension of the excise license, the same has not been de-sealed. 4.

In the aforesaid circumstances, let respondent no. 2 take immediate The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

steps to de-seal the 'bar' counter of the petitioner's eating establishment. Let the same be done latest within a period of 10 days from today. 5.

Given that the petitioner already has a subsisting valid excise license, the requisite transport permission shall also be applied for by the petitioner in the normal course (to enable it to purchase liquor) till the subsistence of the excise license/s in its favour. For the said purpose, the access to the respective portal shall be opened for the petitioner by respondent no. 2. 6.

The only outstanding grievance of the petitioner is that certain excess excise fee has been paid by the petitioner. The petitioner would be at liberty to take recourse to prescribed statutory remedy/ies and / or initiate independent proceeding/s with regard thereto. 7.

The present petition stands disposed of in the above terms. Pending application/s also stands disposed of.

SACHIN DATTA, J JULY 28, 2025/at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.