DALBIR MALIK Vs. GNCTD

JUDGEMENT

(1.) The writ petition has been filed impugning the oral order dated 28.09.2011 of the respondent No.2 SHO, Sultanpuri Police Station prohibiting the petitioner from running the Maruti Car Circus (Kuan) joyride in Ramlila & Dussehra Mela event at Indra Park, Jalebi Chowk, Sultanpuri, New Delhi. Contending that the said oral order had been issued by the respondent No.2 SHO at the instance of the respondent No.3 Deputy Commissioner of Police (DCP), Outer District, Pitampura, Delhi, and the respondent no.4 Consumer of Police, Delhi, they have also been impleaded as parties. Interim relief of restraining the respondents from prohibiting the petitioner from running the said joyride has been claimed.

(2.) The petition came up before this Court first yesterday when it was found that the Municipal Corporation of Delhi (MCD) (not impleaded as party in this petition) had in response to the enquiry made reported to the Additional Commissioner of Police (ACP) (Licencing) on 27.09.2011that on inspection, the joyrides including the aforesaid Maruti Car Circus (Kuan) at the location aforesaid had been found to be satisfactory and in good working condition and further found that the ACP (Licencing) had on 28.09.2011 granted licence under the Regulation for Licensing & Controlling Places of Amusement (other than Cinemas) and Performance for Public Amusement, 1980, for the joyrides as per the Fitness Certificate issued by the MCD. The counsel for the respondents appearing yesterday had stated that a policy decision had been taken to not allow the said joyride also known as Maut Ka Kuan (MKK) at any place in Delhi. However since no decision / order in this regard was placed before this Court and finding that the licence granted to the petitioner was till 07.10.2011 only, interim order restraining the respondents from interfering in the petitioner setting up and operating the said joyride in accordance with the licence / permission given was granted leaving it open to the respondents to take proceedings in accordance with law for revocation of the licence / permission already given. Further, considering the safety / security aspects, the matter was posted for today.

(3.) The counsel for the respondents has today informed that an order has been issued by the ACP (Licencing) to the petitioner as well as to the others who had also been given licence for the same joyride, as under: