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High Court of DelhiW.P.(C)/5161/2017

Jagdeep Suri v. South Delhi Municipal Of Delhi & ANR.

2017-08-29Hon'Ble Mr. Justice A. K. Chawla2 pages

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5161/2017 & CM APPL. 22049/2017 JAGDEEP SURI ..... Petitioner Through Mr. Joginder Sukhija, Adv.

versus SOUTH DELHI MUNICIPAL OF DELHI & ANR.

..... Respondents Through Mr. Mansi Gupta, SDMC.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 29.08.2017 Petitioner approached this Court seeking writ of Mandamus directing the respondent no.1 to remove encroachment created by respondent no.2, who is running two shops in the name of Babu Jhatka at shop no. 19 and 20, DDA LIG Market, Rajouri Garden, New Delhi and allegedly selling cooked and uncooked, mostly nonvegetarian products. In the status report filed on behalf of respondent no.1, it is stated as under :

"3.

I say that as per the report inspection was carried out of shops which started from Babu Jhatka at shop no.19-20. No encroachment of corridor was noticed.

Utensils and kadai were found at the back side of the Babu Jhatka and a counter containing raw processing meat was found outside the shop no.18 operating under the name of M/s Babu Jhatka. The copy of the report along with photographs are annexure R-1 collectively.

4.

I say that a closure notice was served on Babu Jhatka,

operating from shop no.20, on 03.08.2017 for selling cooked meat. The trade was being run without license and there was encroachment at the back side of the shop causing insanitary conditions. Veterinary Department also issued closure notice to Babu Jatka on 11.08.17 with respect to shop no.19 for running trade without license.

Both shops 19 and 20 have common name i.e. Babu Jhatka. Shop no.18 also named Babu Jatka is having license from Veterinary Department, West Zone.

5.

I say that after passing the sealing orders dated 14.08.17 the said shops have been sealed in joint action by the Public Health Department and Veterinary Department West Zone on 18.8.17 in compliance of the sealing order issued by the Deputy Commission West zone.

The closure notices dated 03.08.17 and 11.08.17 are annexure R-2 collectively. The sealing orders dated 14.08.17 are annexure R-3 Collectively." As per the status report so filed, the subject shops stand sealed, it is not disputed to on behalf of the petitioner. In view of the foregoing, nothing survives in the instant petition and the same is disposed off accordingly.

A. K. CHAWLA, J AUGUST 29, 2017 rc