Petitioner challenged removal of canteen utensils by North Delhi Municipal Corporation. Petitioner advised to apply to the Department for return. No further orders in this petition.
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$~22
..... Petitioner
Through Mr.Joydeep Sharma, Adv.
versus
NORTH DELHI MUNICIPAL CORPORATION AND ANR
..... Respondents Through Mr.Kapil Dutta, Ms.Surbhi Gupta and Mr. Diksha Lal, Advocates for R-1. Mr.Devendra Dedha, Adv. for R-2.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 01.02.2017
C.M. No.3996/2017 (exemption)
Exemption is allowed subject to just exceptions. Application disposed of.
W.P.(C) 884/2017
Petitioner before this Court is Sachin Yadav. He was running a canteen at the Guru Nanak Eye Centre at a monthly licence fee of Rs.52,500/- which licence fee was being paid to the respondent no.2 (Guru Nanak Eye Centre). His grievance is that on 23.12.2016 without any notice the utensils and gas cylinders etc. which were being used by him for the purpose of cooking at the canteen had been removed by respondent no.1. He made a police complaint but no avail.
On advance notice, learned counsel for respondent/North DMC
has put in appearance. His submission is that the petitioner does not have a licence to run this canteen and as such it well within the power of the respondent Corporation to remove all the utensils and gas cylinders which the petitioner was illegally using for running this canteen.
Learned counsel for petitioner submits that the utensils and gas cylinders etc which had been seized by the respondent no.1 should be returned to him.
Learned counsel for respondent no.1 submits that there is a procedure which has to be followed by the petitioner and a requisite application before the Department has to be filed which shall be considered and the articles of the petitioner will thereafter be returned.
The petitioner is advised to make appropriate application before the Department and the same shall be considered sympathetically. No further orders are called for in this petition. Petition disposed of.
INDERMEET KAUR, J
FEBRUARY 01, 2017 ndn
1 issue framed by the court
Whether the seized utensils and gas cylinders should be returned to the petitioner.
Sachin Yadav
North Delhi Municipal Corporation
Indermeet Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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