AKASH GUPTA Vs. MCD

JUDGEMENT

(1.) The present writ petition is filed by the petitioner praying inter alia for directions to the respondent/MCD to de-seal his tehbazari site measuring 7'x5' bearing No. 3486 situated at ITO Lane, Delhi.

(2.) Learned Senior Advocate appearing for the petitioner states that the aforesaid tehbazari site had been mutated by the respondent/MCD in the name of the petitioner on 15.4.2010. On 4.1.2012, the petitioner had obtained a licence from the Health Department of the respondent/MCD for carrying out the business of manufacturing and selling of edible items. On 3.2.2012, respondent/MCD had issued a notice to show cause to the petitioner calling upon him to state as to why the tehbazari site be not sealed/cancelled by the respondent/MCD for violation of terms and conditions of tehbazari.

(3.) There is some dispute between the parties as to the exact violations pointed out by the respondent/MCD. While learned Senior Advocate for the petitioner states that the violation as mentioned at Sr. Nos.6 & 8 have been ticked by respondent/MCD in the notice to show cause dated 3.2.2012, as per counsel for the respondent/MCD, violations from Sr. Nos.6 to 8 have been ticked in the aforesaid notice to show cause.