Shambhu Bharadwaj v. Commissioner Of Police & ORS.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1146/2019 & CRL.M.A. 8381/2019 (Directing to the respondents delhi police restraining them from malafide use of Section 66) SHAMBHU BHARADWAJ ..... Petitioner Through:

Mr. Kamlesh Kumar Mishra, Mr.

Bibhuti Bhusan Mishra, Mr. Dipak Raj, Mr. Gulshan Mishra & Mr. Deep Raj, Advocates.

versus COMMISSIONER OF POLICE & ORS.

..... Respondents Through:

Mr. Ajay Digpaul, CGSC with Mr.

Kamal Digpaul & Ms. Ishita Pathak, Advocates.

Mr.

Yasir Rauf Ansari, ASC (criminal) for the State with Mr. Vasu Aggarwal, Mr. Deepankar Wadhwa & Mr. Ansul Saroha, Advocates.

SI Amar Singh, P.S. Kishangarh.

Ms. Radhika Bishwajit Dubey, Addl.

Standing Counsel for MCD and Ms. Ananya Sikri, Adv for R-3

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 04.04.2024 1.

The present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers: "I. Issue a Writ of mandamus or for any appropriate writ, order or quashing and setting aside section 66 of Delhi Police Act qua its implementation to the street vendors.

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 08/04/2024 at 12:07:05

II. Pass an order directing the commissioner of Police (Respondent No. 1 to frame guidelines with regard to the operation of section 66 of Delhi Police Act qua its implementation to the street vendors in accordance with and in conformity with the provisions Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014as also the judgement of this Hon'ble court dated 30th November, 2016 in W.P. (C) 11350/2016 PALIKA YOUTH STREET VENDORS WELFARE SOCIETY (REGD) Versus GOVT OF NCT OF DELHI AND ORS and also the minutes of meeting dated 14.11.2018 no. OSD(UD)/Min health/2018-19/10361-69 issued by the office of the Minister of Home, health, power, PWD, Industries & Urban Development, Govt. of National Capital Territory of Delhi.

III. Pass an order directing the respondents to consider and dispose of the representations made by the petitioner herein after granting hearing to the petitioner herein.

IV. Pass an order directing the officials of the Delhi Police to immediately release the hawking cart and other articles of the petitioner to him with immediate effect.

V. Pass an order directing Delhi Police to pay a compensation of Rs. 10 Laks to the petitioner for having illegally harassed the petitioner street vendor and for illegally removing and confiscating the hawking cart (Thelaa) and other articles of the petitioner street vendor. VI. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case."

2.

Learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present petition.

3.

Leave granted.

4.

The present petition is dismissed as withdrawn and disposed of accordingly.

5.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 04, 2024/bsr 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 08/04/2024 at 12:07:05