RAKESH KUMAR NARANG Vs. NDMC

JUDGEMENT

(1.) THE present petition is filed by the petitioner for directions to restrain the respondent/NDMC from dispossessing him from stall No.39, Municipal Market, Connaught Circus, New Delhi as also for setting aside and quashing the order dated 24.05.2010 passed by the Estate Department of respondent/NDMC cancelling the allotment of the stall in question.

(2.) THE case set up by the petitioner in the present case is that the subject stall had been licensed by the respondent/NDMC to one Sh. Anil Malhotra, who had in turn entered into partnership with one Sh. Priyank Verma and had applied to the respondent/NDMC for regularization of the said partnership. THE petitioner claims to be a transferee of the said stall from Sh. Priyank Verma and submits that he is willing to comply with all the requirements of respondent/NDMC for payment of license fee, earnest money, security deposit etc. and that as per the Estate Policy of the respondent/NDMC, the subletting/transfer made in his favour ought to be regularized.

(3.) IN the counter affidavit, it is stated by NDMC that Sh. Anil Malhotra had been summoned by the Vigilance Department to conduct an enquiry with regard to the partnership deed between Sh. Anil Malhotra and Sh.Priyank Verma submitted by the petitioner in respect of the subject stall. IN his statement, Sh.Anil Malhotra had submitted that he had entered into a partnership in respect of the subject stall with one Sh. Samit Grover on 15.12.2001 and that he had relinquished his right in respect of the stall in favour of the aforesaid person vide Deed of Dissolution dated 29.01.2002. Sh. Anil Malhotra, however, denied having entered into a partnership with Sh. Priyank Verma in respect of the aforesaid stall and he further stated that the signatures appearing on the partnership deed with Sh. Priyank Verma were not his. The specimen signatures of Sh. Anil Malhotra were also taken by the NDMC in his statement as recorded on 31.03.2010.