MCD Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) MUNICIPAL Corporation of Delhi by this present intra-court appeal assails the Order dated 22nd September, 2010 passed by the learned Single Judge allowing writ petition (civil) no. 8983/2009 filed by Mr. Anil Kumar Gupta, the respondent herein. By the impugned Order, the learned Single Judge has quashed Order dated 5th February, 2009 passed by the Deputy Health Officer, City Zone, revoking/cancelling of the license given to the respondent for carrying of business of selling khoya, paneer and sweets from shop no. 470, Chandni Chowk, Delhi.

(2.) DEPUTY Health Officer, City Zone had issued show cause notice dated 22nd December, 2006 and letter/reminder dated 8th January, 2007 and had sought an explanation why the license of the respondent should not be cancelled on account of false claims and documents relating to his tenancy. It was also alleged that the trade was being undertaken under insanitary conditions and there was no water connection in the premises. The respondent contested the said position in his reply dated 16th January, 2007 and enclosed copy of water bill, orders passed by court in the inter se litigation between him and landlord/landlady.

(3.) IT is manifest and accepted that the action of the appellant was initiated after receiving complaint of the landlord. The respondent and the landlord is engaged in a bitter legal battle. The landlord, it is also apparent, has disputes with his brothers and sisters. These aspects including the aspects of forgery, rent receipts, etc. have been dealt with in detail in paras 8 to 10 of the impugned Order. The present case is not an ex facie case of rank trespasser who has forcefully occupied a property. The case is one where there are inter se disputes and litigation pending between the parties. Additional Rent Controller had decided and accepted the version of the respondent but the Rent Control Tribunal has decided the case in favour of the landlord. The respondent however has filed a petition in the High Court and the Order of the Rent Control Tribunal has been stayed.