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2018 Supreme(Del) 1638
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, J.
Sh. Sardar Ahmad – Petitioner
Versus
The Commissioner, EDMC And Ors. – Respondents
W.P.(C) 8254 of 2017, CM No. 47129 of 2017
Decided On : 02-07-2018
For the Petitioner: Mr. Sanobar. Ali, Adv.
For the Respondent: Mr. Amrit Pal Singh, Standing Counsel
Failure to renew a trade license and pay required fees may result in the dismissal of a petition seeking relief from the consequences of operating without a valid license.
Headnote:
Meat Trade License - Renewal Dispute - The court dismissed the petition seeking to de-seal a meat shop due to the petitioner's failure to renew the license and pay the required fees, despite running the trade without a valid license. The petitioner's undertaking not to carry out the trade without a valid license did not warrant de-sealing as charges were due and payable to the respondents for the period when the trade was carried out without a valid license.
Fact of the Case:
The petitioner's meat trade license expired in 2006, and despite running the trade without a valid license, the renewal application was rejected in 2014 due to incomplete documents. The shop was sealed in 2017, and the petitioner sought de-sealing after giving an undertaking not to carry out the trade without a valid license.
Finding of the Court:
The court found that the petitioner had run the trade without a valid license and failed to challenge the claimed amount of fees. Consequently, the petitioner was not entitled to the relief of de-sealing the shop, and the petition was dismissed.
Issues: Renewal of meat trade license, sealing of shop, petitioner's undertaking, and payment of fees.
Ratio Decidendi: The petitioner's failure to renew the license and pay the required fees, despite running the trade without a valid license, led to the dismissal of the petition seeking de-sealing of the shop.
Final Decision: The petition seeking de-sealing of the shop was dismissed, and no costs were awarded to the petitioner.
V. KAMESWAR RAO, J.
1. The present petition has been filed by the petitioner with the following prayers:-
“In the premises aforesaid, it is humbly and respectfully prayed that this Hon’ble Court may be pleased to:
A. pass an order thereby directing the respondents to de-seal the shop on the ground floor of the property No. D-51, Gali No.17, Rishi Kardam Marg, Chauhan Banger, Delhi-110053.
B. any other or further orders which this Hon’ble Court may deems fit and proper in the facts and circumstances of the case in the interest of justice.”
2. The facts as noted from the writ petition are; the petitioner was the holder of a Meat Trade License from the Veterinary Department of the EDMC, granted in the year 2000. The said license expired on March 31, 2003. It is his case that the petitioner applied for renewal of the said license on May 16, 2014. The said application was rejected by the respondents on July 12, 2014 on the ground that the petitioner has failed to submit the required documents. It is his case that on August 14, 2017, the Veterinary Officer of the respondents sealed the shop of the petitioner without giving any prior information or notice to the petitioner.
3. On August 16, 2017, the petitioner filed another application before the Deputy Director of Veterinary Services Department of the respondents wherein he undertook that he will not carry or run the trade of meat without the renewal of a valid license from the respondents. It is his grievance, despite that, the seal of the shop has not been removed.
4. The respondents have filed a status report wherein they have stated that the petitioner had submitted an application for renewal of the Veterinary Trade License in respect of the meat shop for running a Halal Meat Shop. The petitioner fulfills the terms and conditions of the Meat Trade License policy but had not deposited the requisite fee/payments with the EDMC for renewal of the said license. Therefore, the renewal of the license was not effected. They referred to a letter dated November 10, 2017 sent to the petitioner for depositing the requisite fee/payment for renewal of Meat Trade License. It is stated that after getting the renewal fee deposited by the petitioner, they shall renew the license of the petitioner and the shop shall be de-sealed.
5. In an additional affidavit filed by them, it is their case that the license was initially sanctioned on June 16, 2001. The license was valid till March 31, 2006. The petitioner did not apply for renewal with effect from 2006. It is their case that a demand notice dated November 10, 2017 was issued to the petitioner for `3,67,000/-. In other words, it is their case that for last twelve years, the petitioner has not applied for renewal of license. He has also not paid renewal fee to the EDMC and was running the meat shop without any license. The respondents have also stated that No Objection Certificate / consent from the area municipal councilor was required as per the new Meat Trade Licensing Policy with effect from April 01, 2016 to March 06, 2017. The requirement of No Objection Certificate from the councilor was set aside by this Court in W.P.(C) No. 7621/2017 dated August 30, 2017 Nazim Hussain & Ors. V. EDMC. According to them, as the petitioner had not applied for renewal of his license within the above period, he is not entitled to claim the benefit of waiver of late fee due to conditions of NOC. He was served the demand notice on November 10, 2017. However, no response has been received till date.
6. No rejoinder to the counter affidavit has been filed.
7. Learned counsel for the petitioner reiterates the case of the petitioner as averred in the writ petition. It is his submission that when an undertaking has been given by the petitioner, the respondents are required to de-seal the property.
8. Having heard the learned counsel for the parties, there is no dispute that the original license of the petitioner expired on March 31, 2006. There is nothing on record t
