MOHD. SHAHID Vs. MCD

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for quashing of the order dated 30.05.2011 passed by the Deputy Health Officer, Sadar Paharganj Zone, MCD, revoking the health trade license issued to the petitioner for running a Dhaba at shop No.8075, Ground Floor, Main Road, Bara Hindu Rao, Delhi-110006. On a pointed query posed to the counsel for the petitioner as to why the prayer clause to the writ petition mentions shop No.8073-8075 as the subject shop, when the health trade license had been granted by the respondent/MCD in respect of shop No.8075 alone, he states that he confines the relief in the present petition to shop No.8075 alone.

(2.) The case set up by the petitioner is that he has been running a Dhaba in the name and style of "M/s Chicken Planet" on the ground floor of premises No.8073-8075, Main Road, Bara Hindu Rao, Delhi, since the year 1997, under a valid license issued by the respondent/MCD on 23.07.1998. The said license has been renewed from time to time, upto 31.03.2011. Thereafter, on account of complaints made by the petitioners brother, Mohd. Javed and his wife, who do not share a cordial relationship with the petitioner and between whom civil and criminal litigations are pending, the respondent/MCD served a notice to show cause on 11.04.2011 upon the petitioner, asking him to show cause as to why the health trade license issued to him for running the Dhaba, be not revoked on ground of insanitary and unhygienic conditions prevalent therein. The petitioner replied to the aforesaid show cause notice vide letter dated 19.04.2011. After considering the reply of the petitioner, the impugned revocation order dated 30.05.2011 was passed. Aggrieved by the said revocation order, the petitioner has preferred the present petition.

(3.) Learned counsel for the petitioner assails the impugned revocation order dated 30.05.2011 on the ground that while the notice to show cause had confined itself to insanitary and unhygienic conditions in which the Dhaba was being operated as the ground for revocation of license, however the order of revocation also states that the license was being revoked on the ground that on inspection of the premises it was found that the petitioner had carved out a mezzanine floor where the height of the roof was found to be much less than 9ft, in respect of which, no license had ever been granted by the respondent/MCD. He further states that as per the terms and conditions of the license, the only penalty provided for breach of terms of the license is a punishment by way of a fine, but the license in itself cannot be revoked for the said breach. Lastly, it is submitted that the respondent/MCD did not take into consideration the letter dated 09.06.2011 addressed by the petitioner to the Deputy Health Officer, MCD, wherein it was submitted that he had demolished the mezzanine floor and dispensed with the sitting arrangements therein and had increased the height of the roof to 12ft, and that since the ground for revocation no longer existed, the order of revocation be recalled.