Mehraj Ahmad v. The Commissioner, MCD & Ors.

Delhi High Court · 08 Dec 2010 · 2010:DHC:12320
Rajiv Sahai Endlaw
W.P.(C) No. 8191/2010
2010:DHC:12320
administrative appeal_allowed

AI Summary

The Delhi High Court directed the MCD to decide the petitioners' applications for Meat Trade Licenses within six weeks by issuing reasoned orders, ensuring procedural fairness despite objections based on proximity to a temple.

Full Text
Translation output
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\ 5I, 54 & 58 $- HIGH COURT OF DELHI 51+ W.P.(C) 819y20r0
MEHRAJ AHMAD . Petitioner
Through: Mr. Sanobar Ali Qureshi, Adv.
VERSUS
THE COMMISSIONER, MCD & ORS. ..... Respondents
Through: Mr. Nawal Kishore Jha, Addl.
Standing Counsel for MCD.
AND
54+ W.P.(C) 8194/2010 QAMRUDDIN ..... Petitioner
VERSUS
,Through: Mr. Nawal Kishore Jha, Addl.
Standing Counsel for MCD.
AND
',. 58+ w.p.(c) Brszl2oto - v NooR MOHAMMAD .... petirioner
VERSUS
Through: None. u- 2010:DHC:12320 v// -e'
CORAM:
HON'BLE MR. JUSTICE RAJIV SAIIAI ENDLAW
" 08.12.2010
ORDER

1. The facts of Writ Petitions Nos.8191/20I0 & 819412010 are the same as of W.P.(C) No. 8152/2010listed before this Court on 6'h December, 2010 and in which notice has been isstied for 14th January, 2OII.

2. The petitioner in each of the three petitions is the occupant of different shops in the market known as Sunder Mandi and otherwise commonly known as Murga Mandi. These writ petitions have been filed for direction to the respondent MCD to grant to each of the petitioners, Trade License for dealing in meaVmeat products'. The petitioners had acquired their respective shops on re-purchase from the original allottee but claim to have paid a sum of approximately {80,000/- each for regularization of the allotrnent in their favour. The case of the petitioners is that notwithstanding the same, they are not being granted the license, perhaps for the reason of the shops being within the prohibited distance from a temple.

3. It is however the case of the petitioners that the prescribed user of the shop of each of the petitioners is for sale of chicken/fish/meat only.

4. The counsel for the petitioners today states that instead of issuing notice in these writ petitions, these writ petitions as well as W.P.(C) t. /l/ ) 2t-;-l No.8152/2010 tisted next on 14'h January,2OIl be disposed of with a direction to the respondent MCD to decide the applications of the petitioners for Meat Trade License in the shops subject matters of these writ petitions within four weeks.

5. In the aforesaid circumstances, the file of W.P.(C) No.8152/2010 has also been called for.

6. The counsel for the respondent MCD states that time of six weeks instead of four weeks be granted for processing and deciding the applications of the petitioners for license.

7. In view of the aforesaid, the writ petitions are disposed of with the e I direction to the respondent MCD to decide the'applications of each of the petitioners for grant of Meat Trade License with respect to the shops subject matters of each of the, writ petitions within six weeks of today. The L petitioners to appear before the Veterinary Officer, Shahdara Norttr Zone, MCD on23'd December,20IO at 1500 hours and on such other dates which may be given. The applications be disposed of with a reasoned order.

8. Needless to state if the petitioners remain aggrieved, they shall have remedies in law. No order as to costs. 1.., ^ 3to'-,[1] \4 I CM No.21111/2010 in W.P.(C) No.8191/2010 & CM No.21,119/20L0 in W.P.(C) No.8194/2010 (both for exemption) Allowed, subject to just exceptions. Copy of this order be given Dasti.

RAJIV SAHAI ENDLAW, J DECEMBER 08, bs.. i,a 4t-