Full Text
Date ofdecision: 1V' December. 2018
{exemption)
ANIT KUMAR GANDHI Petitioner
Through: Ms, Shilpi Jain Sharma, Adv.
Through^":. ^M^ Pushkama, Standing , \ Gounsej.fo^
. Vi Ms. Swagata Bhuyan, ; : ;; ; ' and
• Ms.'Neha Goel, Adv.
L This writ petition seeks that the premises of Respondent No.2, at GX-11, Near Bhargaya, Lan? and Bhairan Mandir, behind post mortem office. Boulevard Road,' l^ew belhi-l 10054, be desealed, as the petitionerclaims that the petitioner's goods are contained therein.
JUDGMENT
2. The petitioner seeksto remove the said goods.
3. Ms. Mini Pushkama, learned Standing Counsel for the North DMC, also does not oppose the request subject to the opening of the premises being for a limited period of time, as, she submits that, in W.P.fC) 13352/2018 Page 1of[3] 2018:DHC:8993 respect of the same premises, there is an order dated 29^^ October, 2018, passed by a Coordinate Bench, which permits desealing of the premises only on payment, by the Respondent No.2, [the petitioner in that case, M/s Green Express Carriers Pvt. Ltd.] of? 55 lakh.
4. The petitioner, however, does not seem to be complicit in any manner, regarding the short payment of property tax to Respondent No.2.
5. There can be no reasonable objection to the petitioner being permitted to remove its go^ds.;'-/;;:^;;-^^"^ ?,
6. Accordingly, the prayer ofthe'p|titi'0n^r is allowed. i';; n vv
7. Respondent No.l is directedthe premises only to enable the petitioner to _stated to be contained therein, and to re-seal thepEgmil|s
8. The desealing would take place tomo^ow i.e. 14^*^ December, 2018 at 10:00 am and the'plefni^ef'Wotil^^ at 5:00 pm. The respondent shall also be at liberty to seek assistance from police authorities in order to enable this exercise to be carried out.
9. Should the petitioner not be able to clear its goods within the said period, it is permitted to do so on the next day as well. For that purpose, the premises would be opened and desealed and resealed at 10:00 am and 05:00 pm respectively. W.P.(C) 13352/2018 (L)
10. The removal of the goods would take place in the presence of Respondent No.2, as well as the petitioner and representatives of Respondent No. 1, and would be permitted only after it is verified that the goods belong to the petitioner.
11. The writ petition stands disposed of in the above terms. There shall be no order as to costs. Dasti.