Ashok Kumar v. South Delhi Municipal Corporation (Sdmc) & ANR

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2068/2017 ASHOK KUMAR ..... Petitioner Through Mr.Dharmender Sharma, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION (SDMC) & ANR ..... Respondents Through Mr.Arun Panwar, Adv. for R-1.

Mr.Pankaj Sinha, Adv. with Ms.Richa Singh, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 06.03.2017 C.M. Nos.9075/2017 & 9076/2017 (exemption) Exemption allowed, subject to all just exceptions. Applications stand disposed of.

W.P. (C) No.2068/2017 Learned counsel for the petitioner submits that the petitioner has been running his stall since 2013 at D-Block Market, Vasant Vihar, New Delhi, at a footpath. The prayer made in the present writ petition, however, is restricted to a direction to the Town Vending Committee to consider the case of the petitioner in accordance with law. A direction is also sought that merely because the petitioner is not found vending at the site, that by itself should not be treated as a ground to reject his case.

Learned counsels for the respondents enter appearance on an advance copy. Learned counsel for SDMC, without admitting any of the averments

made in the writ petition, submits that as and when a survey is conducted and in case the petitioner makes an application in the proper form, the case of the petitioner would be considered by the TVC and merely because the petitioner is not found vending at the site would not be a ground to reject his case, provided that he is able to place on record supporting documents in his favour. With these directions, the present writ petition is disposed of. C.M. No.9077/2017 (for stay) Application stands disposed of in view of the order passed in the writ petition.

G.S.SISTANI, J.

VINOD GOEL, J.

MARCH 06, 2017/ka / W.P. (C) No.2068/2017 2/2