DIN BANDHU DASS Vs. MCD

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner/contractor, who is running a canteen in the complex of respondent No.3/hospital situated at Maharaja Ranjit Singh Marg, New Delhi, praying inter alia for directions to the respondent No.1/MCD to return his articles seized by the department pursuant to a raid undertaken by the officers of the MCD on 04.07.2011.

(2.) COUNSEL for the petitioner states that on 1.5.2011, the petitioner was awarded a contract for a period of one year to run a canteen in the respondent No.3/hospital. On 4.7.2011, some officials of the respondent No.1/MCD had visited the premises of respondent No.3/hospital and dismantled the entire kiosk of the petitioner and taken away the counter, cooked food items, utensils, etc. Immediately thereupon, the petitioner had approached the Director of the respondent No.3/hospital and apprised him of the events that had taken place on 4.7.2011 and requested that the matter be taken up with the respondent No.1/MCD.

(3.) LASTLY, it is stated by learned counsel for the respondent/MCD that the articles that were seized at the site on 04.07.2011 by the officers of respondent No.1/MCD, were not released to the petitioner at the representation forwarded by the respondent No.3/hospital for the reason that as per the applicable rules, seized articles can only be released upon an application to be submitted by the owner of the articles and that the petitioner who owned the articles had not submitted any such representation to the respondent No.1/MCD.