High Court of DelhiW.P.(C)/3597/2017

Ravi Shah v. South Delhi Municipal Corporation (Sdmc) & ANR

2017-04-26Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice Vinod Goel2 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3597/2017 RAVI SHAH ..... Petitioner Through Ms.Monika Singh, Adv. with Mr.Dharmender Sharma, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION (SDMC) & ANR ..... Respondents Through Mr.Mukesh Gupta, Standing Counsel for R-1.

Ms.Neelam Singh, Adv. for R-2.

CORAM:

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

O R D E R

% 26.04.2017 C.M. Nos.15822/2017 & 15823/2017 (exemption) Exemption allowed, subject to all just exceptions. Applications stand disposed of.

W.P. (C) No.3597/2017 Petitioner has filed the present petition under Article 226 of the Constitution of India seeking an appropriate writ of Mandamus directing the South Delhi Municipal Corporation (SDMC) for issuance of a tehbazari licence to the petitioner. As per the petitioner, he has been running his stall since 1995 on the basis of tehbazari at the site, i.e. opposite Ram Piyau, Kalkaji Temple Marg, New Delhi.

Learned counsel for the petitioner submits that the petitioner has been removed by the officials of the respondents. Counsel submits that at this stage,

the petitioner would be satisfied if a direction is issued that that as and when a TVC is constituted, the petitioner should be considered and merely because he is not found vending at the site at the time of survey, that should not be a ground to reject his case.

Notice. Learned counsels for the respondents, who appear on an advance copy, accept notice. Without admitting any of the averments made in the writ petition, learned counsel for SDMC/respondent No.1 submits that as and when a TVC is constituted and in case the petitioner is able to place relevant documents on record, the TVC will consider the case of the petitioner in accordance with law and merely because the petitioner is not found vending at the site at the time of survey, that would not be a ground to reject his case. Accordingly, the writ petition is disposed of on the above terms. We make it clear that we have not expressed any opinion on the merits of the matter. C.M. No.15824/2017 (for stay) Application stands disposed of in view of the order passed in the writ petition.

G.S.SISTANI, J.

VINOD GOEL, J.

APRIL 26, 2017/ka / W.P.(C) 3597/2017 2/2