Sunil Kumar v. South Delhi Municipal Corporation

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5768/2020 & CM APPL. 20832/2020 SUNIL KUMAR ..... Petitioner Through:

Mr. Prashant Katara, Advocate.

versus SOUTH DELHI MUNICIPAL CORPORATION ....Respondent Through:

Ms. Sangeeta Chandra, Standing Counsel for SDMC.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 28.08.2020 The hearing was conducted through video conferencing. CM APPL. 20833/2020 (Exemption from filing attested affidavit)

1. Exemption allowed, subject to the condition that the petitioner will file the duly sworn/attested affidavit within 72 hours from the date of resumption of the regular functioning of this Court.

2. The application stands disposed-off.

W.P.(C) 5768/2020 & CM APPL. 20832/2020 (Stay)

3. Issue notice. The learned counsel named above accepts notice on behalf of the respondent.

4. The petitioner is aggrieved by the rejection/revocation of his health trade license by the Corporation. He had applied online for its renewal. He was heard by the Corporation on various dates. The rejection has been intimated to him online on 21.08.2020 by a cryptic one-line order which reads as: "Financial Year 2020-21: Rejected on

20.08.2020."

5. The said order is, ex facie, non-speaking. The petitioner is handicapped from challenging it on merits.

6. The case was passed over for Ms. Sangeeta Chandra, the learned Standing Counsel for the SDMC, to obtain instructions. Having done so, she intimates the Court that a copy of the reasoned order shall be supplied to the petitioner.

7. Let a copy of the reasoned order be supplied to the petitioner and his counsel within a week from today, through e-mail, at the following email addresses: i) E-mail address of the petitioner: hverma1975@yahoo.in ii) E-mail address of Mr. Prashant Katara, the learned counsel for the petitioner: prashant@equitylawchambers.in

8. In the circumstances, the petitioner‟s license, which is otherwise valid till March 2021, would be deemed to continue in operation until a copy of the reasoned order/speaking order rejecting his health trade license is received by him/his counsel.

9. It will be open to the petitioner to pursue his remedies as per law.

10. The petition, along with the pending application, is disposed-off in the above terms.

11. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail. NAJMI WAZIRI, J AUGUST 28, 2020 RW