NAWABUDDIN Vs. MCD

JUDGEMENT

(1.) THE petition impugns the order dated 20th January, 2011 of the Zonal Veterinary Officer of the respondent MCD revoking/cancelling the trade licence given to the petitioner for sale of mutton and chicken at shop No.E- 377, Ramesh Nagar, New Delhi. It is the case of the petitioner that earlier his father and after the demise of his father, he has been carrying on the same business in the said shop; that the trade is being so carried on for the last over 50 years and the licenses have been issued/renewed from time to time; the respondent MCD as a condition for renewal of the licence of the petitioner required the petitioner to submit a No Objection Certificate (NOC) and rent receipt from the landlord and also an affidavit to the effect that there was no dispute of any nature pending in any court of law with respect to the shop; though the petitioner submitted an affidavit but did not submit the NOC and the rent receipt from the landlord; it is the case of the petitioner that some persons claiming to be the landlord have filed a petition for eviction under the provision of Delhi Rent Control Act, 1958 in which an order of eviction has been made against the petitioner but the Revision petition of the petitioner thereagainst is pending consideration before this Court. Upon failure of the petitioner to submit the NOC and the rent receipt and further finding that the affidavit furnished by the petitioner was false since disputes raised by the landlord did exist with respect to the shop, the licence of the petitioner has been revoked as aforesaid.

(2.) IT is the case of the petitioner that the affidavit was furnished on the understanding that the same was to be with respect to the dispute with the respondent MCD.

(3.) THE counsel for the respondent MCD appearing on advance notice states that instructions will have to be sought with respect to the said Resolution No.203 and as to whether it is applicable to the meat trade licence or not.