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r $-1,2& 3 HIGH COURT OF DELHI
W.P.(C)5652/2015
BISHESHWAR JHA
Through:
W.P.(C)5652/2015
BISHESHWAR JHA
Through:
VERSUS
SOUTH DELHI MUNICIPAL CORPORATION AND ANR.
Through:
Through:
W.P.(C)5664/2015
HARISH KUMAR SHARMA
Through:
HARISH KUMAR SHARMA
Through:
VERSUS
Through:
Petitioner Mr.B.L. Wali with Ms.Deepti Gupta, Advoeates.
Respondents Mr. Balendu Shekhar with Ms. Sakshi Popli, Advocates with Mr. Ramesh Sharma,Office Incharge.
Petitioner Mr.B.L. Wali with Ms.Deepti Gupta, Advoeates.
Mr. Balendu Shekhar with Ms. Sakshi Popli, Advocates with Mr. Ramesh Sharma,Office Incharge.
Petitioner Mr.B.L. Wali with Ms.Deepti Gupta, Advoeates.
Respondents Mr. Balendu Shekhar with Ms. Sakshi Popli, Advocates with Mr. Ramesh Sharma,Office Incharge.
Petitioner Mr.B.L. Wali with Ms.Deepti Gupta, Advoeates.
Mr. Balendu Shekhar with Ms. Sakshi Popli, Advocates with Mr. Ramesh Sharma,Office Incharge.
W.P.(C)5754/2015
ASHIMA INFRASTRUCTURES PVT.LTD. Petitioner
Through: Mr.B.L. Wali with Ms.Deepti Gupta, Advocates.
ASHIMA INFRASTRUCTURES PVT.LTD. Petitioner
Through: Mr.B.L. Wali with Ms.Deepti Gupta, Advocates.
VERSUS
Through:
Mr. Mukesh Gupta,Advocate.
Page I of3 2015:DHC:11527
Mr. Mukesh Gupta,Advocate.
Page I of3 2015:DHC:11527
CORAM:
HON'BLE MR.JUSTICE V.P.VAISH
08.09.2015 By way of present petitions the petitioners have assailed letter dated
28.03.2015 issued by respondents whereby the parking contract of the petitioners were cancelled and the petitioners were directed to handover peaceful possession ofthe parking site(s)and they were also blacklisted.
With the consent of learned counsel for the parties all these matters are taken up for final hearing as all the petitions involve identical issues.
Learned counsel for the petitioners submits that vide impugned letter dated 28.03.2015 the respondents have cancelled parking contract of the petitioners and have also blacklisted the petitioners without affording any opportunity ofhearing. He also submits thatthe action ofthe respondents in not extending cooperation to the petitioners in regulating and maintaining the parking site(s)is dereliction ofduties.
Learned counsel for the petitioners further submits that the petitioners had given various representations to the respondents but no opportunity of hearing was provided to the petitioners and the said impugned letter was issued.
Mr. B.L. Wali, Advocate appearing for petitioners submits that in petition bearing W.P.(C) No.5531/2015 titled as 'Ashima Infrastructure
Pvt. Ltd. vs. SDMC along with LPA No.438/2015 a similar issue was involved. In the said petition the Hon'ble Division Bench ofthis Court set aside the impugned letter dated 28.03.2015 and directed respondents to
Page 2of3 consider the averments made in the writ petition and pass speaking order after affording the petitioners opportunity ofhearing.
Learned counsel for respondents has not disputed the decision passed in W.P.(C)No.5531/2015 on 13.07.2015.
The presentcases are squarely covered by the saidjudgmentpassed in
W.P.(C)No.5531/2015.
Considering the facts and circumstances ofthe present case and the
08.09.2015 By way of present petitions the petitioners have assailed letter dated
28.03.2015 issued by respondents whereby the parking contract of the petitioners were cancelled and the petitioners were directed to handover peaceful possession ofthe parking site(s)and they were also blacklisted.
With the consent of learned counsel for the parties all these matters are taken up for final hearing as all the petitions involve identical issues.
Learned counsel for the petitioners submits that vide impugned letter dated 28.03.2015 the respondents have cancelled parking contract of the petitioners and have also blacklisted the petitioners without affording any opportunity ofhearing. He also submits thatthe action ofthe respondents in not extending cooperation to the petitioners in regulating and maintaining the parking site(s)is dereliction ofduties.
Learned counsel for the petitioners further submits that the petitioners had given various representations to the respondents but no opportunity of hearing was provided to the petitioners and the said impugned letter was issued.
Mr. B.L. Wali, Advocate appearing for petitioners submits that in petition bearing W.P.(C) No.5531/2015 titled as 'Ashima Infrastructure
Pvt. Ltd. vs. SDMC along with LPA No.438/2015 a similar issue was involved. In the said petition the Hon'ble Division Bench ofthis Court set aside the impugned letter dated 28.03.2015 and directed respondents to
Page 2of3 consider the averments made in the writ petition and pass speaking order after affording the petitioners opportunity ofhearing.
Learned counsel for respondents has not disputed the decision passed in W.P.(C)No.5531/2015 on 13.07.2015.
The presentcases are squarely covered by the saidjudgmentpassed in
W.P.(C)No.5531/2015.
Considering the facts and circumstances ofthe present case and the
ORDER
passed in W.P.(C) No.5531/2015 the impugned letter dated
28.03.2015 is set aside. The petitions are disposed ofwith the directions to the respondents to consider the averments made in the present petitions and pass a speaking order after affording the petitioners an opportunity of hearing. The petitioners are directed to appear before the concerned Officer/
Assistant Commissioner, Remunerative Project Cell, SDMC on 21.09.2015 at 2:30 p.m. The concerned Officer/ Assistant Commissioner shall pass a speaking order which shall be conveyed to the petitioners.
Dasti.
28.03.2015 is set aside. The petitions are disposed ofwith the directions to the respondents to consider the averments made in the present petitions and pass a speaking order after affording the petitioners an opportunity of hearing. The petitioners are directed to appear before the concerned Officer/
Assistant Commissioner, Remunerative Project Cell, SDMC on 21.09.2015 at 2:30 p.m. The concerned Officer/ Assistant Commissioner shall pass a speaking order which shall be conveyed to the petitioners.
Dasti.
CM 10177/2015 in W.P.fg 5652/2015
CM 10192/2015 in W.P.fO 5664/2015
CM 10347/2015 in W.P.tC)5754/2015
The applications are dismissed as infructuous.
- V.P.VAISH,J SEPTEMBER 08,2015 hs Page3of3
The applications are dismissed as infructuous.
- V.P.VAISH,J SEPTEMBER 08,2015 hs Page3of3