Govind Prasad Gupta Vs Shubhankar Ghosh & Ors.

$~64 & 103

*	IN THE HIGH COURT O	F DELHI AT NEW DELHI
+	CONT.CAS(C) 1684/2024 CM APPL. 40838/2025	CM APPL. 64527/2024
	GOVIND PRASAD GUPTA	.....Petitioner
	Through: versus	Mr. Satish Kumar Tripathi, Adv. along with petitioner in person.
	SHUBHANKAR GHOSH & O	RS. .....Respondent
	Through:	Mr. Sriharsha Peechara, Standing Counsel for NDMC, Mr. Akshat Kulshrestha, Mr Akhilesh Loya, Advs.
(103)
+	W.P.(C) 7169/2025 CM APPL CM APPL. 40896/2025	. 32323/2025 CM APPL. 32324/2025
	SAROJINI NAGAR MARKET VIKAS SAMITI	REHARI PATRI HOWKERS .....Petitioner
	Through: versus	Mr. Lakshay Sawhney, Mr. Bharat Agarwal, Advs.
	NEW DELHI MUNICIPAL C Through:	OUNCIL & ORS. .....Respondent Mr. Sriharsha Peechara, Standing Counsel for NDMC, Mr. Akshat Kulshrestha, Mr Akhilesh Loya, Advs. Mr. Ashish Mohan, Sr. Adv. along with Mr. Hemant Manjani, Mr.Uday Mathur, Ms. Sagrika Tanwar, Mr.
		Binish Kumar, Advs. for impeader.

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL O R D E R

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% 14.07.2025

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W.P.(C) 7169/2025

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By order dated 23^rd May 2025, this matter has been placed along with

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This is a digitally signed order.

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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 17/07/2025 at 11:45:22

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CONT.CAS (C)1684/2024 .

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CONT.CAS (C)1684/2024 was to be placed before the concerned Roster Bench vide order dated 9^th May 2025, and therefore, has been listed today.

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In this regard, the following may be noted:

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I. The substantive plea is effectively what has been prayed for, in W.P.(C) 7169/2025, which has been filed on behalf of the Sarojini Nagar Market Rehari Patri Hawkers Vikas Samiti, pleading that, NDMC be directed to remove all illegal encroachments and constructions made by shopkeepers/allottees at Sarojini Nagar Market , including but not limited to, verandah area and the passage area, beyond the verandah , in the courtyard.

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II. The grievance of the Hawkers Association seems to be that, lay out plan has been infringed by shop owners by covering their verandah area. As regards this writ petition is concerned, this Bench is dealing with matters relating to civil contempt and Writs arising out of labour disputes, thus, this may not be the Roster Bench for this matter; the matter be placed before the Roster Bench hearing the matters related to NDMC, subject to orders of Hon’ble the Chief Justice.

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CONT.CAS(C) 1684/2024

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As regards the contempt petition, it was originally filed by the street vendor who has been carrying on business and squatting opposite Shop No.165, Sarojini Nagar Market, New Delhi . The prayer sought in the contempt petition was relating to alleged non-compliance of

¶17

This is a digitally signed order.

¶18

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 17/07/2025 at 11:45:22

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directions contained in order dated 28^th May 2024, in W.P.(C) 7915/2024 , where directions had been passed that, petitioner/ Govind Prasad Gupta be not interdicted from carrying on his vending activities, subject to the same being in accordance with law.

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The Division Bench noted in order dated 9^th May 2025, that petitioner’s grievance appears to have been addressed. However, the issue flagged by the Court, in order dated 21^st February 2025, in relation to unauthorized construction was to be considered. In that context, concerned paragraphs of order dated 21^st February 2025, read as under:

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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 17/07/2025 at 11:45:22

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Though this contempt doesn’t survive but issue raised by the Court in order dated 21^st February 2025, has now been substantively raised by the Sarojini Nagar Market Rehari Patri Hawkers Vikas Samiti , in W.P.(C) 7169/2025 which has been directed to be listed before the Roster Bench on 28^th July 2025, subject to orders of Hon’ble the Chief Justice, per the order noted above.

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Considering that directions have already been passed for Mr. Sriharsha Peechara , Standing Counsel for NDMC to take instructions and file a status report, the same may be filed in W.P.(C) 7169/2025 , in context of directions given in order dated 21^st February 2025, in order that the matter can proceed ahead.

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Contempt petition is disposed of with the aforesaid directions.

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Needless to state that all rights and contentions of the various parties shall remain open.

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This is a digitally signed order.

¶27

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 17/07/2025 at 11:45:22

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 14, 2025/ ak/aa/ kp

¶31

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 17/07/2025 at 11:45:22

Govind Prasad Gupta v. Shubhankar Ghosh & Ors.

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Govind Prasad Gupta v. Shubhankar Ghosh & Ors.

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