MOHD IQBAL Vs. COMMISSIONER MCD

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for issuance of directions to the respondents to de-seal the ground floor of the property bearing No.D-13, Street No.4, Noore Elahi, Maujpur, Delhi.

(2.) THE brief facts of the case as set out in the petition are that on 13.10.2001, the petitioner was granted a meat trade licence by the respondents, which was renewed till 31.3.2006. An inspection of the shop of the petitioner was conducted on 7.5.2010. In the course of the inspection, it was discovered that the petitioner had been unauthorizedly selling banned cow meat from the premises. As a result, the shop was sealed by the respondent/MCD. Consequently, an FIR No.236/10 was registered with PS Bhajanpura and the matter is stated to be pending trial. In the course of the trial, the petitioner, who was arrested by the police, was released on bail. THEreafter, he submitted an application dated 22.9.2010 to the respondents/MCD requesting them to de-seal the said shop and submitted an undertaking that he would not indulge in unauthorized/illegal slaughtering of any animal in the premises and that he would sell only buffalo meat from the aforesaid premises with a proper licence. It is the grievance of the petitioner that despite furnishing the aforesaid undertaking and Indemnity Bond, the respondent/MCD is not de-sealing his shop.

(3.) SIMILARLY here, since the offence for which the petitioners are being prosecuted is stated to have been committed in the premises aforesaid, it is deemed expedient to grant an opportunity to the respondent MCD to, if found entitled to by the Court where the petitioners are being prosecuted, obtain the order for keeping the property sealed as a case property. The counsel for the petitioners of course contends that pursuant to the similar order in other writ petitions, the respondent MCD, though had applied to the Court where the prosecution is pending but was unsuccessful in satisfying the Court of any right to keep the property sealed.