Daulat Ram Punia And ORS. v. Commandant Base Hospital And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4337/2019 & CM No. 19276/2019 DAULAT RAM PUNIA AND ORS.

..... Petitioners Through:

Counsel for the petitioners (appearance not given).

versus COMMANDANT BASE HOSPITAL AND ANR.

..... Respondents Through:

Ms Shiva Lakshmi, CGSC with Ms Bharti Raju, CGSC and Ms Ammu Singh, GP for respondent

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.05.2019 1.

The petitioners have filed the present petition aggrieved by the orders passed by the Commandant, Base Hospital, directing them to vacate the regimental shops licenced to them. It is stated that on 05.04.2019, respondent no.1 had passed separate orders directing the petitioners to vacate the respective shops allotted to them, by 30.04.2019. 2.

It is the petitioners' case that they hold large stocks and the time provided to the petitioners to vacate the shops is not sufficient for them to dispose of the said stocks. The learned counsel appearing for the petitioners, accordingly, prays that the time for vacating the shops be extended for a period of 8 to 9 months.

3.

This Court is not persuaded to accept the same for the reason that

the licenses granted to the petitioners had expired on 31.01.2019. Further, it is also noticed that petitioner nos.1, 2, 4 and 6 were allotted shops for selling fast food, vegetables, fruit etc. Plainly, it is not possible to accept that the said petitioners would be maintaining stock of such materials for an extended period of 8 to 9 months. It is further seen that petitioner no.3 was allotted a shop for dispensing services relating to telecommunications (STD). He is not required to keep any stock of non-perishable commodities. Insofar as the other two petitioners are concerned, namely, petitioner nos. 5 and 7, the said petitioners have been allotted shops for optical instruments and general stores. The said petitioners may require some time to dispose of their stock.

4.

After some arguments, learned counsel for the petitioners states, on instructions, that the petitioners undertake to vacate the shops in question by 31.07.2019. In view of the aforesaid undertaking, this Court considers it apposite to direct that no coercive steps be taken against the petitioners till 31.07.2019.

5.

The petition is disposed of with the aforesaid directions. The pending application also stands disposed of.

6.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MAY 01, 2019 MK