High CourtsDivision Bench(2019) 03 DEL CK 0314

Suman Devi vs North Delhi Municipal Corporation

Delhi High Court · Decided on 11 March 2019

HON’BLE JUDGES
G.S. Sistani, J · Jyoti Singh, J
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petition No. 4472 Of 2018, Civil Miscellaneous Application No. 17242 Of 2018

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Judgment

8 paragraphs · 290 words

G.S. Sistani, J

1.

The petitioner claims to be regular tehbazari holder of site 17349 situated at site No. 47, measuring 7 X 5 (covered), at Bapu Market, Gandhi Maidan, Chandani Chowk, Delhi. The petitioner received a notice dated 24.04.2018, which was handed over by the officials of the Respondent to one person in Bapu Market on 25.04.2018, from whom petitioner collected the notice on 26.04.2018, calling upon her to vacate the tehbazari site by 30.04.2018, and take possession of site No. 21 at Mata Sundari Road, Delhi, failing which eviction action would be taken by the Department.

2.

The petitioner has filed this writ petition seeking the following prayers:

"1) Issue a Writ of Certiorari thereby quashing the Offer of Relocation/Vacation notice dated 24.04.2018,

2) Issue a Writ of Mandamus thereby directing the respondent to not dispossess or obstruct or disturb the petitioner from squatting at the site situated at tehbazari site 17349 situated at Site No. 47 Shop No. 62 measuring 7 X 5 (covered) at Bapu Market HC Sain Delhi,"

3.

By an order of 27.04.2018, the respondent was restrained from taking coercive action against the petitioner till next date of hearing. Therefter, this Court by an order dated 18.05.2018, after hearing counsel for parties, had vacated the interim order so granted primarily on the ground that the land on which the Kiosk of the petitioner was situated, was required for public purpose.

4.

We are informed that the site, from where the petitioner was operating, has been taken over by the respondent and an alternate site has been provided.

5.

In view of what has been stated above, no further orders are required to be passed in this writ petition. The same is accordingly disposed of.