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$-77 HIGH COURT OF DELHI
W.P.(C) 4891/2013
DINESH BHATIA ..... Petitioner
Through Ms. Tarannum, Advocate for Mr. M. C, Dhingra, Advocate.
W.P.(C) 4891/2013
DINESH BHATIA ..... Petitioner
Through Ms. Tarannum, Advocate for Mr. M. C, Dhingra, Advocate.
VERSUS
NORTH DELHI MUNICIPAL CORPORATION & ANR. .....Respondents y Through Mr. Gaurang Kanth, Advocate.
CORAM;
HON'BLE MR, JUSTICE SUDERSHAN KUMAR MISRA
07.08.2013 WP(C) No.4891/2013 The petitioner, who was directed to remain present along with proof ofhis identity, is not present.
Counsel for the petitioner states that she has been unable to contact
N the client.
Counsel forthe M.C.D. submits thatthe petitioner has, in fact, soldor transferred his tehbazari rights and the stand ofthe petitioner to the contrary, is palpably false.
As directed by this Court on 2"^^ August, 2013, the relevant records of the M.C.D., on the basis of which action of cancellation has been taken, has also been brought. The record shows clearly that on 16''^ April, 2013, North
Delhi Municipal Corporation received an application for mutation of the tehbazari site No.9546 at Railway Boundary Wall, Hamilton Road, 2013:DHC:7234 f
L
Kashmiri Gate, Delhi 110006, stating that the petitioner, Dinesh Bhatia, handed over the vacant possession of the same to Sh. Om Prakash
Manchanda.
It is also pointed out by counsel for the North Delhi Municipal
Corporation that the Supreme Court in Patri Vyapar Mandal Delhi (Resd)
V. M.C.D. Town Hall & Ors. in the order dated 9"^ April, 2009 in Writ
Petition (C) No. 1699/1987 has, inter alia, directed as follows:
07.08.2013 WP(C) No.4891/2013 The petitioner, who was directed to remain present along with proof ofhis identity, is not present.
Counsel for the petitioner states that she has been unable to contact
N the client.
Counsel forthe M.C.D. submits thatthe petitioner has, in fact, soldor transferred his tehbazari rights and the stand ofthe petitioner to the contrary, is palpably false.
As directed by this Court on 2"^^ August, 2013, the relevant records of the M.C.D., on the basis of which action of cancellation has been taken, has also been brought. The record shows clearly that on 16''^ April, 2013, North
Delhi Municipal Corporation received an application for mutation of the tehbazari site No.9546 at Railway Boundary Wall, Hamilton Road, 2013:DHC:7234 f
L
Kashmiri Gate, Delhi 110006, stating that the petitioner, Dinesh Bhatia, handed over the vacant possession of the same to Sh. Om Prakash
Manchanda.
It is also pointed out by counsel for the North Delhi Municipal
Corporation that the Supreme Court in Patri Vyapar Mandal Delhi (Resd)
V. M.C.D. Town Hall & Ors. in the order dated 9"^ April, 2009 in Writ
Petition (C) No. 1699/1987 has, inter alia, directed as follows:
"23 if any such tehbazari/veriding sites were transferred prior to 06.02.2007 the same could be considered as a valid transfer. But, in any case, no transfer made after 06.02.2007 by way of change of hands, sale etc. would be allowed and any such transfer, if made, would be illegal. Persons found to have been transferred their tehbazari/vending sites after 06.02.2007 could be evicted as per the due process of law. We believe that the aforesaid order which we have passed with a cut of date of 06.02.2007 directing for legalizing any transfer made prior to 06.02.2007 and declaring all subsequent transfers as illegal and invalid would likely to cause the process of allotment of new tehbazari/vending sites smooth and easy."
Under the circumstances, there appears to be no merits in this petition and the same is dismissed.
CM No.11093/2013 Since the main petition has been dismissed, this application does not survive and the same is also dismissed as such.
AUGUST 07, 2013 dr \ SUDERSHAN KUMAR MfSRA, J
2013:DHC:7234
CM No.11093/2013 Since the main petition has been dismissed, this application does not survive and the same is also dismissed as such.
AUGUST 07, 2013 dr \ SUDERSHAN KUMAR MfSRA, J
2013:DHC:7234
JUDGMENT