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High Court of DelhiW.P.(C)/3479/2016

Daya Ram Patel v. New Delhi Municipal Council And ANR

2016-04-26Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~48.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3479/2016 & CM No.14898/2016 (for stay). DAYA RAM PATEL ..... Petitioner Through:

Mr. Anand Kumar Singh, Adv.

versus NEW DELHI MUNICIPAL COUNCIL AND ANR ..... Respondents Through:

Sri Harsha Peechara and Mr.

Mananjay Mishra, Advs. for NDMC.

Mr. Ravi Chaturvedi and Ms. Renu Chauhan, Advs. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 26.04.2016 CM No.14897/2016 (for exemption).

1.

Allowed, subject to just exceptions.

2.

The application stands disposed of.

W.P.(C) No.3479/2016 & CM No.14898/2016 (for stay). 3.

The petitioner, claiming to be street vending near Bangla Sahib Gurudwara, Baba Kharag Singh Road, New Delhi, seeks to restrain the respondent no.1 New Delhi Municipal Council (NDMC) and the respondent no.2 Delhi Police from interfering in his street vending activity. 4.

The petitioner was admittedly never granted any tehbazari rights with respect to the site from which he claims to be street vending. 5.

The counsel for the respondent no.1 NDMC appearing on advance notice has rightly contended that the matter is covered by the plethora of orders of this Court. Reference in this regard is made to order dated 19th February, 2016 in W.P.(C) No.1415/2016 titled Akhilesh Kumar Vs. New W.P.(C) No.3479/2016

Delhi Municipal Council. Thereafter also the issue has been dealt with by me last in order dated 14th March, 2016 in W.P.(C) No.2172/2016 titled Suresh Babu Vs. New Delhi Municipal Council.

6.

Accordingly no relief as sought can be granted to the petitioner. 7.

The petition is dismissed with liberty however to the petitioner to, if so entitled in law, approach the Town Vending Committee which has already been constituted.

RAJIV SAHAI ENDLAW, J APRIL 26, 2016 'pp'..

W.P.(C) No.3479/2016