Sita Ram v. Ashwani Kumar And ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 921/2025 CM APPL. 36457/2025 CM APPL. 36458/2025 SITA RAM .....Petitioner Through:

Mr. Kamlesh Kumar Mishra, Adv.

with Mr.

Shivani Verma, Ms.

Samishti Solomon, Ms. Renu, Ms.

Pragya Jaishwal and Mr. Harshit Bahal, Advs.

versus ASHWANI KUMAR AND ORS .....Respondent Through:

Ms. Puja S. Kalra, SC for MCD.

Ms. Tajinder Virdi, SC for NDMC Mr. Manoj Kumar Tyagi, SPC for R3 to 5.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 30.05.2025 1.

This petition has been filed alleging wilful disobedience of judgment dated 26th April 2023 passed in W.P.(C) 5059/2023 in the following orders were passed:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

It is stated that the petitioner has been recently removed from his vending site.

3.

Mr. Manoj Kumar Tyagi, counsel for respondent No.3 to 5 is present. 4.

Ms. Puja Kalra, counsel for MCD, however, states that the directions in the orders were clear and they were to vend strictly in compliance with the terms and conditions of the COV.

5.

She states that the terms of the COV do not allow him the vendor to be stationary as per Clause 11 and instead, he had directed an almost permanent kiosk which had, therefore, to be demolished. 6.

Ms. Puja Kalra, states that they have no difficulty in permitting the petitioner to continue to vend in City-SP Zone, Ward-84-N, strictly in compliance with the terms of the COV.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Accordingly, Mr. Kamlesh Kumar Mishra, counsel for the petitioner, does not wish to press his petition on the basis of the said submission/undertaking.

8.

As regards Mr. Mishra's contention that the petitioner is a stationary vendor, he is at liberty to agitate the issue before the appropriate Court. 9.

Accordingly, the petition is disposed of. Pending applications, if any, are rendered infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 30, 2025/MK/bp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.