MOHD UBAID Vs. NDMC

JUDGEMENT

(1.) THE petition has been filed seeking mandamus against the Respondent NDMC to regularize/transfer Shop No. 83, Palika Bazar, New Delhi in the name of the Petitioner and to execute license deed with respect thereto in favour of the Petitioner in accordance with the Policy of the Respondent NDMC on transfers. As an interim measure, the Respondent NDMC was also sought to be restrained from dispossessing the Petitioner from the said shop.

(2.) THE writ petition came up first before this Court on 10th February, 2011 when the counsel for the Petitioner at the outset informed that the Respondent NDMC had, after the filing of this petition and in the morning of 10th February, 2011 only sealed the said shop. The counsel for the Respondent NDMC appearing on advance notice that day also contended that the Petitioner had concealed from this Court that the Respondent NDMC had vide order dated 25th February, 2010 in an earlier writ petition being W.P.(C) No. 1199/2010 titled Sh. Sanjeev Gupta v. NDMC preferred with respect to the same shop, been directed to take over possession of the said shop. It was also contended that the Petitioner herein was represented through the same set of Advocates as were representing the said Mr. Sanjeev Gupta in W.P.(C) No. 1199/2010.

(3.) THE file of W.P.(C) No. 1199/2010 has been received and has been perused. The factual matrix is as under.