Kamal Prasad Mahto v. Mr. Surya Prakash And ORS

$~27& 28 * IN THE HIGH COURTOF DELHI AT NEW DELHI + CONT.CAS(C) 932/2023 KAMAL PRASAD MAHTO .....Petitioner versus MR. SURYA PRAKASH AND ORS .....Respondents + CONT.CAS(C) 933/2023CM APPL. 35325/2023 RAM BAI AHIRWAR .....Petitioner versus SH. SURYA PRAKASH AND ORS .....Respondents Presence Ms Pragya Jaishwal Ms Shivani Verma Ms Renu Ms Arpita Singh Ms Kavita Mr Ahsan Sanjar Mr Himanshu Deegwal for Mr Adv Kamlesh Kumar Mishra, Advocates for petitioners Mr. G.S. Oberoi, SC for MCD withMr. Ankur Sharma, Ms. Shifali Jain and Mr. J.S.Oberoi, Advocates for respondent- MCD.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 06.05.2025 1.

Notice was issued in these petitions seeking compliance of judgment dated 28th April 2023 passed in W.P. (C) 5474/2023 and W.P. (C) 5489/2023. 2.

The said judgment noted that the petitioner had been issued Certificate of Vending ('COV') dated 6th November 2021.

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 01/07/2025 at 01:35:13

3.

The petitioner was given permission to continue vending within Najafgarh Zone, Ward- S-50, in compliance with terms and conditions of COV. Directions had been issued to the MCD to allow the petitioner to vend, subject to complying with the terms and conditions. 4.

An affidavit was filed by the respondent-MCD on 6th March 2024 stating that while the MCD recognizes the COV, the terms and conditions were not being followed.

5.

Accordingly, the petitioners' goods were seized and their stalls were removed, being part of temporary encroachments. 6.

Petitioners are always at liberty to retrieve / recover their seized goods. 7.

Counsel for the MCD states that they undertake not to disturb the petitioners if terms and conditions of the COV are complied with. 8.

Accordingly, both these petitions stand disposed of, in view of undertaking by the counsel for MCD.

9.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 6, 2025/sm/na 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 01/07/2025 at 01:35:13