Ramgopal Chaudhary v. Sh. Ashwani Kumar And ORS
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 2035/2024 RAMGOPAL CHAUDHARY .....Petitioner Through:
Mr. Aditya, Ms. Pralika Chakraborty, Mr. Anjani Kr. Mishra and Mr.
Kailash Kr. Jha, Advocates versus SH. ASHWANI KUMAR AND ORS .....Respondent Through:
Ms. Shilpa Ohri, Addl. Standing Counsel for MCD/R-1 Ms. Sarika Singh, SPC with Mr. Rahul Singh, Advocate for R-3
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 24.12.2024 1.
Learned counsel for petitioner submits that petitioner is suffering from disability. He also submits that petitioner is not being permitted to vend despite there being specific direction contained in order dated 09.02.2024 passed by learned Division Bench of this Court in W.P. (C) No. 1880/2024. 2.
Undoubtedly, the petitioner herein is a mobile vendor and is expected to move his handcart after every 30 minutes.
3.
The aforesaid grievance was even taken note of by the learned Division Bench and it was also observed in the order that MCD/DVC should consider the aforesaid aspect in the first instance.
4.
Simultaneously, when the petition was disposed of, learned Division Bench also directed that the petitioner shall not be interdicted from carrying out its vending activities provided the same is done in compliance of the terms CONT.CAS(C) 2035/2024 1 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 30/12/2024 at 11:54:53
& conditions of the COV (Certificate of Vending). 5.
In view of aforesaid, even if the petitioner is directed to move after 30 minutes, it cannot be said to be a matter inviting contempt from any angle whatsoever.
6.
The aforesaid condition is, admittedly, part of COV, which the petitioner is bound to comply.
7.
Learned counsel for petitioner submits that the fact that petitioner is suffering from acute disability was not highlighted in the previous petition and petitioner reserves his right to file a substantive petition seeking further relief in the matter. He submits that in view of the above, petitioner is, at the moment, not desirous of continuing with his present contempt petition. 8.
Present contempt petition is accordingly disposed of as not pressed. Liberty, as prayed, is granted.
9.
All the rights and contentions of the parties are reserved. MANOJ JAIN, J DECEMBER 24, 2024/dr CONT.CAS(C) 2035/2024 2 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 30/12/2024 at 11:54:53