Kanhiya Lal v. Dy. Commissioner (North Delhi Municipal Corporation) & ORS

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7883/2017, CM No. 32566/2017 KANHIYA LAL ..... Petitioner Through:

Mr. Satyapal, Adv.

versus DY. COMMISSIONER (NORTH DELHI MUNICIPAL CORPORATION) & ORS ..... Respondents Through:

Ms. Saroj Bidawat, Adv. for Nr. DMC.

Ms. Barnali Basak, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 09.05.2019 The present petition has been filed by the petitioner with the following prayers:

"It is, therefore, respectfully prayed that the Hon‟ble Court may kindly be pleased to issue a writ in the nature of Mandamus or any other appropriate Writ or direction thereby issuing the direction to the respondent no.1 and 2 to remove / close the illegal and unauthorized Bakery business run by the respondent nos. 3 and 4 in non-confirming / residential area at property no.C-5/A-75, Swarn Park, Nangloi, Delhi, in the interest of justice. Pass other order or direction which this Hon‟ble Court may deem, fit and proper be passed in favour of the petitioner."

A status report has been filed by the respondent no.1 / Nr. DMC and the same has been taken on record, wherein in paras 2 and 3 it is stated as

under:

"2. That it is submitted that the site in dispute was inspected by the officers of the Corporation in 2018, Feb. 2019 and again on 06.05.2019 and was found that the bakery shop at property bearing C-5/A-75, Swarn Park, Nangloi, Delhi has already been closed since two years back.

3.

That the officials of the deptt. during visit on 06.05.2019, took the photographs of the site and even a letter written by the owner of the said property Smt. Sunita Devi along with her Aadhar Card wherein she stated that the said bakery shop has been closed since last 2 years and she would not run bakery shop even in future on this property. Copy of the letter dated 06.05.2019 and the photographs are Annexed here with as Annexure R-1 (Colly)."

A copy of the same has been given to the learned counsel for the petitioner. In view of the stand taken by the respondent no.1 Nr. DMC in the status report, no further orders are required to be passed in the writ petition. The same is closed.

CM No. 32566/2017 Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 09, 2019/jg