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High Court of DelhiW.P.(C)/6031/2018

Asha Gupta v. New Delhi Municipal Council And ANR

2018-05-29Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6031/2018 & CM No.23424/2018 (stay) ASHA GUPTA ..... Petitioner Through:

Mr. Dharmender Sharma and Ms. Monika, Advocates for petitioner.

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

Mr. Mananjay Mishra and Mr. Rajdender Yadav, Advocates for NDMC.

Mr.

Shekhar Kumar, Advocate for respondent No. 2 ASI Raj Pal Singh, No. 212/SD, PS-Sarojini Nagar.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 29.05.2018 CM APPLN. Nos.23422-23/2018 Exemptions allowed, subject to just exceptions. Applications stand disposed of.

W.P.(C) 6031/2018 & CM No.23424/2018 (stay) Mr. Sharma, learned counsel for the petitioner submits that the only relief which has been sought by the petitioner is that her name be substituted in place of her deceased husband who died on 08.02.2018. Mr. Sharma also contends that the name of the husband of the petitioner was in the list of 628 Street Vendors prepared by the respondent No. 1/NDMC and he was squatting in front of Shop No.64, Sarojini Nagar Market, New Delhi. He further contends that post the demise of husband of the petitioner, the

petitioner is vending at the aforesaid site. The petitioner prays that her name be substituted in place of her husband.

Notice. Learned counsels for the respondents accept notice. Mr. Mishra, learned counsel for the NDMC submits that although the application has been filed by the petitioner, but no supporting document has been furnished. He further submits that in case proper application is filed with supporting documents viz death certificate, no objection from the legal heirs and other documents, the NDMC/Town Vending Committee would consider the case of the petitioner for substitution in accordance with law. Accordingly, we dispose of the writ petition binding the respondent to the stand taken in court today. In case a proper application is made by the petitioner with supporting documents, the NDMC/TVC would consider the case of the petitioner in accordance with law. G. S. SISTANI, J SANGITA DHINGRA SEHGAL, J MAY 29, 2018 gr