Mohan Kumar v. Ndmc And ORS.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9926/2017 MOHAN KUMAR ..... Petitioner Through Mr. Lakshay Sawhney, Mr. Madhav Nanda & Mr. Yogender, Advocates.

versus NDMC AND ORS.

..... Respondent Through Mr. Sri Harsha Peechara, ASC for NDMC with Mr. Mananjay Kumar Mishra & Ms.

Kriti Sinha, Advocates.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 18.02.2019 CM APPL 41678/2018 Post the decision in this matter, CM APPL 41678/2018 has been filed. Mr. Sawhney, counsel for the petitioner submits that despite the order having been passed by this Court, the petitioner has been removed from the site in question.

Learned counsel for the respondent/NDMC submits that an inspection was carried out and it was found that the site had been sublet, which is disputed by counsel for the petitioner, who submits that the petitioner has gone to the market to procure the goods for sale. He has also filed a bill in support of his submission.

Mr. Mananjay Kumar Mishra, counsel for the respondent/NDMC submits that in case the petitioner carries out his business individually, his possession would not be disturbed. Counsel further submits that the petitioner should be cautioned of not leaving the site unattended or through a different person. Mr. Sawhney submits that some other person is occupying the site in question.

The respondents will ensure that the petitioner is allowed to vend at the site, as prayed.

In view of the stand taken by the parties, the application is disposed of. G.S.SISTANI, J JYOTI SINGH, J FEBRUARY 18, 2019/ck/ W.P.(C) 9926/2017 2/2