Vasantham Catering Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

Vasantham Catering Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of order dated 08.01.2025: extension of seven months from 12.01.2025 to operate the stall (instead of three months), subject to the Petitioner furnishing an undertaking to vacate the stall upon expiry of the extended period; affidavit to be filed within four weeks; in default of vacating as undertaken, Respondents at liberty to remove the Petitioner's goods from the subject premises without further process.

Issue for consideration

Whether the Petitioner, who was granted only three months' extension by order dated 08.01.2025 to operate his stall, is entitled to modification of that order so as to receive seven months' extension, consistent with the extensions granted to similarly placed Petitioners in other writ petitions.

Court's answer

A petitioner cannot be given differential treatment vis-à-vis similarly placed Petitioners in other writ petitions who have been granted extension of seven months to operate their stalls.

Ratio / Principle

Application allowed; order dated 08.01.2025 modified granting extension of seven months from 12.01.2025 to operate the stall, subject to the Petitioner furnishing an undertaking to vacate the stall upon expiry of the extended period, filing an affidavit within four weeks, and with liberty to the Respondents to remove his goods without further process in case of failure to vacate.

Detailed headnote1 paragraphs

Delhi High Court (Jyoti Singh, J.), order dated 22.01.2025 in W.P.(C) 124/2025, Vasantham Catering v. Union of India & Ors.: CM APPL. 4076/2025 allowed. The Court modified its order dated 08.01.2025 (which had granted three months' extension to operate the Petitioner's stall) so as to grant extension of seven months from 12.01.2025, holding that the Petitioner could not be given differential treatment vis-à-vis similarly placed Petitioners in Manohar Bachani (W.P.(C) 12398/2024), Manju Jaiswal (W.P(C) 203/2025), Shree Venkateswara Enterprises (W.P.(C) 225/2025) and Arvind Kumar (W.P.(C) 720/2025), who had been granted seven months. Relief conditional on the Petitioner furnishing an undertaking to vacate the stall on expiry of the extended period and filing an affidavit within four weeks; on failure to vacate, Respondents free to remove his goods without further process.

$~55

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 124/2025

VASANTHAM CATERING .....Petitioner Through: Mr. Tamim Qadri, Advocate.

versus

UNION OF INDIA & ORS. .....Respondents Through: Ms. Rupali Bandhopadhyaya, CGSC with Mr. Abhijeet Kumar and Mr. Anurag Arora, Advocates for Respondent/UOI.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R % 22.01.2025

CM APPL. 4076/2025

This application is preferred on behalf of the Petitioner seeking modification of order dated 08.01.2025 passed by this Court granting extension of three months to the Petitioner to operate to stall in question.

The sole ground for seeking modification of the order dated 08.01.2025 is that in several cases, this Court has granted extension of seven months to similarly placed Petitioners and in this context reliance is placed on the orders passed in Manohar Bachani v. Union of India and Ors., W.P.(C) No. 12398/2024 decided on 11.09.2024; Manju Jaiswal v. Union of India and Ors., W.P(C) 203/2025 decided on 09.01.2025; Shree Venkateswara Enterprises v. Union of India & Ors., W.P.(C) No. 225/2025 decided on 10.01.2025; Arvind Kumar v. Union of India & Ors., W.P.(C) No 720/2025 decided on 20.01.2025.

W.P.(C) 124/2025 page 1 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/01/2025 at 14:29:58

Issue notice.

Ms. Rupali Bandhopadhyaya, learned CGSC accepts notice on behalf of the Respondents.

In my view, there is merit in the contention of the Petitioner that he cannot be given differential treatment viz-a-viz those Petitioners who are similarly placed in the other writ petitions and have been granted extension of seven months to operate their stalls. Accordingly, this application is allowed and order dated 08.01.2025 is modified granting extension of seven months to the Petitioner from 12.01.2025 to operate the stall in question, subject to the Petitioner furnishing an undertaking that he shall vacate the stall upon expiry of the extended period. Affidavit shall be filed within four weeks from today and needless to state, in case of failure of the Petitioner to vacate the stall as undertaken, Respondent shall be at liberty to remove his goods from the subject premises without further process.

Application stands disposed of.

JYOTI SINGH, J

JANUARY 22, 2025

B.S. Rohella

W.P.(C) 124/2025

page 2 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/01/2025 at 14:29:58