High Court of DelhiCONT.CAS(C)/540/2017

Om Prakash & ORS v. Varsha Joshi & ORS

2026-03-27Hon'Ble Mr. Justice Amit Sharma5 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 540/2017 OM PRAKASH & ORS .....Petitioners Through:

Mr. Arvind Kumar, Ms. Shashi Kiran and Mr. Asis Mishra, Advocates.

versus VARSHA JOSHI & ORS .....Respondents Through:

Ms. Gauri Goburdmun, SPC for R-2 to 6 with SI Ashok Kumar and SI Rajiv Kumar.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 27.03.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 12 of the Contempt of Courts Act, 1971, seeks the following prayers: - "i) Take notice of the deliberate and willful disobedience by the Contemnors/Respondents herein in failing to comply with the Order and directions as directed by this Hon'ble Court in Order dated 09.03.2017 in writ Petition (C) 2238 of 2017 to initiate contempt proceedings against the Contemnors/ Respondents and to punish them for deliberately and willfully disobeying the Order of this Hon'ble Court dated 09.03.2017 in writ Petition (C) 2238 of 2017 till date as directed by this Hon'ble Court; ii) pass such other and further Orders, as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Vide order dated 09.03.2017 in W.P.(C) 2238/2017, the following directions were passed by learned Single Judge: - "Present writ petition has been filed seeking a direction to respondents to remove the illegal vehicles plying as stage carriage on the route of Gramin Sewa vehicle Route No. 15. Petitioners had earlier filed a writ petition being W.P.(C) 10813/2016 on the similar issue and the said petition was disposed of vide order dated 16th November, 2014 with a direction to respondent no. 2-Jt. Commissioner, Traffic Police to decide petitioner's representation dated 30th March, 2015 by way of a reasoned order.

Learned counsel for the petitioners states that in pursuance to the aforesaid order, the respondent no. 2-Jt. Commissioner has disposed of petitioner's representation stating that the officers of the Delhi Traffic Police are taking regular legal action against the errant TSRS and E-Rickshaws.

Learned counsel for the petitioner, however, states that the order passed by the Jt. Commissioner of Police is an eye wash and respondents are not taking action to ensure that the BBM Road from Hakikat Nagar Chowk to Batra Complex is free from ERickshaws as directed vide Notification dated 11th August, 2014 issued by the Govt. of NCT of Delhi.

On the other hand, Mr. Peeyoosh Kalra, learned additional standing counsel for Govt. of NCT of Delhi has handed over a chart which shows that 2083 challans have been issued in respect of ERickshaws as on 8th March, 2017. Mr. Kalra states that the present petition has been filed by the petitioners with an oblique motive to monopolise the entire transportation business in the area.

Mr. Kalra, on instruction of SI Rishi Ram who is present in Court, assures and undertakes to this Court that unregistered E-Rickshaws shall be impounded and the Notification dated 11th December, 2014 shall be implemented in its true letter and spirit. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Keeping in view the fact that the regular challans are being issued and the counsel for the respondent has undertaken to impound the unregistered E- Rickshaws as well as to give effect to the Notification dated 11th December, 2014 in accordance with law, this Court is of the view that no further orders are called for in the present petition. Consequently, the statement and undertaking given by learned counsel for respondent is accepted and the present writ petition and applications are disposed of in terms thereof." 4.

Perusal of the record would reflect that various status reports have been filed on behalf of the respondents. In the status report dated 30.11.2025 filed on behalf of the Delhi Traffic Police, it has been stated as under: - "2. That the answering Respondents are filing the present status report/Affidavit in compliance of this Hon'ble Court's order dated 21.03.2025 regarding filing of an updated status report.

3. It is submitted that the Answering Respondent (Delhi Traffic Police) takes regular and stringent action against the E-Rickshaws that are found to be violating traffic rules. Challan under the relevant provision of the Motor Vehicles Act 1988 (hereinafter referred to as MVA) and rules, 1989 have been regularly issued to the violators. Details of the action taken is as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4. It is further submitted that Answering Respondents is implementing the direction of this Hon'ble Court in true letter and spirit and there shall be no laxity in enforcing the directions of Hon'ble Court." 5.

On the last date of hearing, i.e., 10.03.2026, it was pointed out that the petitioner No.1 has since passed away and learned counsel appearing on his behalf had sought time to take appropriate instructions. Today, learned counsel submits that he has no instructions with respect to the legal heir(s) of the petitioner no. 1.

In view of the aforesaid status report placed on record, this Court is of the considered opinion that order dated 09.03.2017 passed in W.P.(C) 2238/2017 has been complied with and no further directions are required. 7.

The petition stands disposed of in the aforesaid terms. 8.

Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MARCH 27, 2026/SH The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.