Petitioner challenged illegal running of a restaurant-bar and sought direction to seal premises. Court, citing lack of evidence and prior disposal of similar petition, directed Respondent No. 3 to verify legality after hearing Respondent No. 1.
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Date of Decision: 03.02.2020
versus
SOCIAL & TINUR RESTAURANT THR SATYAJIT DHINGRA & ORS ..... Respondents Through: Ms. Syel Trehan, Adv. with Mr.Raghav Anand, Adv. for R-1 & R-2 Mr. Mukesh Gupta & Mr.Ajjay Aroraa, Standing Counsel with Mr. Kapil Dutta, Adv. for R-3/ SDMC
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(C) 11268/2016 Page 1 of 3
c) Direct the Respondent No, 3 to initiate appropriate action against the Respondent. No. 1 & 2 for not to run the illegal Restaurant-cum-Bar; and
d) Direct the Respondent no. 3 to seal the property bearing no. 9A, 12B and 13B permanent for misusing the premises by running restaurant & Bar without obtaining permission from competent Authority.
e) Pass any other relief, which this Hon'ble Court may deem fit, and proper in the interest of Justice.”
W.P.(C) 11268/2016 Page 2 of 3
respondent No.3 to arrive at a conclusion about legality or otherwise of the construction of respondent No.1 as pointed out by this petitioner after giving an adequate opportunity of being heard to respondent No.1 and if it is found to be illegal, action in accordance with law, rules, regulations and Government policy applicable to the facts of the present case shall be taken by the respondent No.3 as early as possible and practicable.
CHIEF JUSTICE
C.HARI SHANKAR, J
FEBRUARY 03, 2020
ns
W.P.(C) 11268/2016 Page 3 of 3
2 issues framed by the court
Whether this Court can direct removal of the alleged illegal restaurant-cum-bar without cogent evidence on record.
Whether filing a fresh petition for the same purpose after a prior disposal is permissible.
Iqbal Chauhan
Social & Tinur Restaurant
Satyajit Dhingra
SDMC
D.N. Patel
C. Hari Shankar
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.
Judgements on the same questions, provisions and authorities, from every court
