Ms. Kaushalya Meena v. Union Of India And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 746/2024 & C.M.Nos.44398-44400/2024 MS. KAUSHALYA MEENA .....Appellant Through:

Mr.Dinesh Kumar Tiwary with Mr.Chandan Kumar, Advocates.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr.Viplav Acharya, Advocate.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 05.08.2024 1.

Present letters patent appeal has been filed challenging the order dated 16th July, 2024 passed by the learned Single Judge of this Court in W.P.(C) 9231/2024, whereby the writ petition filed by the appellant challenging the letter dated 13th September, 2023, issued by respondent no.5 was dismissed. Vide letter dated 13th September, 2023, respondent no. 5 had extended the catering stall license of the appellant by seventy days for dies-non period. 2.

After some arguments, learned counsel for the appellant seeks parity with petitioners in W.P.(C) 6771/2024 titled as Ved Prakash Mishra vs. Union of India & Ors., wherein the writ petition was dismissed but three months' extension was granted to the petitioners for vacating their stalls. 3.

Though learned counsel for the respondents, who appears on advance notice, opposes the grant of extension on the ground that the appellantThe 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 16/10/2024 at 11:51:45

petitioner had approached this Court at the eleventh hour and that too, after taking the benefit of seventy days for dies-non period, yet this Court is of the view that as similarly placed minor catering units have been granted extension of time of three months to vacate, the appellant-petitioner is also entitled to the same.

4.

Accordingly, the present appeal along with the applications is disposed of giving three month's time to the appellant-petitioner from 19th July, 2024 to vacate her catering stall in question. In the event, the said catering stall is not removed on the expiry of extended ninety days, the respondents shall be at liberty to forthwith remove the goods of the appellant/petitioner, without filing any petition. ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 5, 2024 KA 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 16/10/2024 at 11:51:45