Refrigerated Water Licensees Association v. East Delhi Municipal Corporation of Delhi

Delhi High Court · 25 Sep 2018 · 2018:DHC:6205-DB

Chief Justice; V. Kameswar Rao

W.P.(C) 6698/2017

2018:DHC:6205-DB

administrative appeal_dismissed Procedural

AI Summary

The Delhi High Court disposed of a writ petition challenging a municipal circular on refrigerated water licensing by permitting the petitioner to intervene in a related pending writ petition, emphasizing judicial economy and rendering challenges to a withdrawn tender infructuous.

Full Text

W.P.(C) 6698/2017
HIGH COURT OF DELHI
Date of Decision: 25.09.2018

W.P.(C) 6698/2017
REFRIGERATED WATER LICENSEES ASSOCIATION..... Petitioner
Through: Mr. Aly Mirza, Adv.

VERSUS

EAST DELHI MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents
Through: Ms. Jaikriti S. Jadeja, Adv. for EDMC/R-1
Ms. Namrata Mukim, Adv. for North DMC/R-2 Mr. Sanjeev Sabharwal, Standing Counsel with
Mr. Hem Kumar & Mr. Pritish Sabharwal, Advs. for SDMC

CORAM:

HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO RAJENDRA MENON, CHIEF JUSTICE (ORAL)

JUDGMENT

1. This petition in public interest was filed with the following payers:

“A. A Writ/Order/Direction in the nature of Certiorari or any other appropriate Writ(S) Order(S) And Direction(S) thereby Quashing the Circular/Office order dated 16.6.2017 and all action taken pursuant thereto by the respondent No.1.

B. A Writ/Order/Direction in the nature of Prohibition or any other appropriate writ(s) order(s) and direction(s) thereby prohibiting the respondents from granting licence for distribution of refigerated cold water till such time a comprehensive policy with respect to water plants and distribution of refrigerated cold water is framed.

C. A Writ/Order/Direction in the nature of mandamus directing the respondents to frame a uniform policy with respect to water plants and distribution of refrigerated cold 2018:DHC:6205-DB water.”

2. As far as the prayers B and C made by the petitioner in the instant writ petition are concerned, due to the subsequent developments, the same have been rendered infructuous as the Tender Notice issued by the South Delhi Municipal Corporation (SDMC) (Annexure P-9) dated 14.07.2017 has been subsequently withdrawn by the competent authority. In this regard a photocopy of the RTI reply dated 01.05.2018 is placed before us for reference. The same is taken on record.

3. In view of the above, challenge to Annexure P-9, i.e. tender issued by SDMC on 14.07.2017, is now rendered infructuous.

4. So far as prayer A is concerned, we are informed that the question of formulating a policy for grant of licence to water cooling plants and installation of water trolleys/ATMs is pending consideration before the single Bench of this Court in W.P.(C) 1242/2017 and on petitioner’s own showing that he has filed an application for impleadment in the said writ petition challenging the very same policy dated 16.06.2017 and has made a prayer that he would be impleaded and permitted to assail the policy in the said writ petition.

5. Considering the fact that the matter is pending consideration before Single Bench of this Court in the aforesaid writ petition being W.P.(C) 1242/2017, we grant liberty to the petitioner to intervene in the same and canvass all grounds as made in this petition.

6. Accordingly, so far as challenge to the order dated 16.06.2017 passed by the EDMC is concerned, this writ petition stands disposed of with liberty to the petitioner as indicated hereinabove. CM No.27903/2017 (interim relief) In view of the order passed in the writ petition, no order is required to be passed in this application. Accordingly, the application stands disposed of being infructuous.

CHIEF JUSTICE

V. KAMESWAR RAO, J

SEPTEMBER 25, 2018

Refrigerated Water Licensees Association v. East Delhi Municipal Corporation of Delhi

AI Summary

Full Text

JUDGMENT

Contact Us for a Free Consultation