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Judgment
MANMOHAN, ACJ : (ORAL)
C.M.No.41134/2024
Present application has been filed under Section 151 CPC, 1908 on behalf of respondent no.4 seeking disposal of the present petition as the same has become infructuous due to surrender of license of the subject liquor vend by respondent no. 4/owner.
Learned counsel for the applicant-respondent no. 4 states that the prayer in the present writ stands satisfied since respondent no.4, who is the owner of the shop/ erstwhile liquour vend, has surrendered the license for the same and has also intimated the concerned department about it. He states that respondent no.4 does not wish to continue with the shop or the liquor vend owing to the protests witnessed by the petitioner-association and the present proceedings.
He further states that owing to the stay imposed by this Court vide order dated 01st March, 2024, respondent no.4 is not able to lease the property to any other person for any other use, due to which she is facing financial losses. He points out that respondent no.4 is an aged lady who is dependent on the rental income from the shop in question and hence the present writ be disposed of as infructuous and the shop in question may be allowed to be used for any other purpose, subject to the laws of the land.
Issue notice. Mr.Ujwal Ghai, learned counsel appearing for the petitioner and Mr.Vikrant Yadav, learned counsel appearing for respondent no.2/DTTDC accept notice on behalf of non-applicants.
Though learned counsel for DTTDC states that he has not received an advance copy of the present application, yet learned counsel for the petitioner/non-applicant states that if respondent no.4 is held bound by paragraph 9 of the affidavit dated 18th July, 2024 filed along with the present application, he has no objection to the present writ petition being disposed of.
Consequently, the applicant/respondent no.4 is held bound by paragraph 9 of the affidavit dated 18th July, 2024, wherein it is stated,
“respondent no.4 shall ensure and undertake that no liquor shop shall be opened in the shop in question in future as well.” The respondent no.2/DTTDC is also directed to accept the applicant/respondent no.4’s application for surrender of license of the subject liquor shop forthwith.
Accordingly, the present application is allowed and the writ petition stands disposed of as satisfied. The next date of hearing stands cancelled.