BENOY BHUSHAN BASU Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) It is writ petition seeks a mandamus directing respondent Nos. 1 and 2 to grant licence and registration under Delhi Police Act for running an eating house. During the course of the arguments it was pleaded by Ms.Avnish Ahlawat appearing for respondents 1 to 3 that is the Delhi Administration and DCP Licensing that there is a history of violations in the present case and there are requirements of DDA qua observance of ban of commercial premises in residential areas and assessment of parking needs. However, it is submitted that eventually the petitioner has now to comply with 'the regulations framed by the Lt. Governor in May, 1999. She further states that the petitioner will make a fresh application to the DCP (Licencing) who may consider the said application in accordance with the said regulations. Respondent No. 4 has raised a grievance about the non-compliance of the order of the Calcutta Courts which appointed him the Court Receiver along with Mr. B.B. Basu , the petitioner herein. He has stated that he has been ousted from the receivership and the order of the Calcutta Courts has been blatantly flouted. In so far as the grievance of the respondent No. 4 is concerned it relates to non-compliance of the orders of the Calcutta Courts which appointed the three brothers as joint receivers and the remedy if any, can only be sought from the Calcutta Courts. In so far as the grievance of the respondents Nos. 1, 2 & 3 whatever be the history of the case, when a licence is sought now the regulations applicable on date will apply.

(2.) Learned counsel for the petitioner submits that the writ petition be disposed of in view of the statement made by the learned counsel for respondents Nos. 1 to 3. If the petitioner applies under the existing regulations to the DCP (Licencing) within a period of four weeks from today, the DCP (Licencing) shall dispose of the said application within 12 weeks thereafter.

(3.) The writ petition stands disposed of in terms of the above directions.