High Court of DelhiW.P.(C)/2373/2019

Shri Rajinder Singh Rawat And ORS. v. The Commissioner, Municipal Corporation Of Delhi And ANR.

2019-05-28Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2373/2019 SHRI RAJINDER SINGH RAWAT AND ORS.

..... Petitioners Through:

Mr. Ajit Singh, Adv.

versus THE COMMISSIONER, MUNICIPAL CORPORATION OF DELHI AND ANR.

..... Respondents Through: Mr. Mukesh Gupta, Standing Counsel for MCD with Mr. Punit Sharma, PHI, City SD Zone.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 28.05.2019 The present petition has been filed by the petitioner with the following prayers:

"In light of aforesaid facts and circumstances, the Petitioners most respectfully prays that this Hon'ble Court may graciously be pleased to:

(i) Issue a Writ of Mandamus and direct the Respondents to de-seal the shop no. 1850, Part-I, Hanuman Mandir, Yamuna Bazar, Delhi.

(ii) The Petitioners may be permitted to run the shop for the authorized purpose;

(iii) Pass such other orders and / or direction order in favour of the Petitioner in the interest of justice and in the facts and circumstances of the case."

The only issue which needs to be considered is, pursuant to the

petitioner being granted a provisional health trade licence on May 1, 2019, whether the petitioner can be permitted to run the shop in question. Mr. Mukesh Gupta, learned Standing Counsel appearing for the respondent MCD states the licence is only a provisional licence subject to respondent verifying all the documents on which the petitioner has relied on while seeking provisional licence. He states, if the petitioner submits all the necessary documents, the same shall be verified and final decision shall be taken within a week thereafter.

If that be so, petitioner shall submit all the relevant documents to the respondents on or before May 30 2019. On such submission, respondents shall take a decision on the aspect of health trade licence on or before June 7, 2019 with a communication to the petitioner. If the petitioner is still aggrieved by the order to be passed by the respondent, liberty is with the petitioner to agitate the same in accordance with law.

The petition stands disposed of.

Dasti.

V. KAMESWAR RAO, J MAY 28, 2019/jg