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DELHI HIGH COURT
MANOJ KUMAR OHRI
Raisen Marketing Pvt. Ltd. – Appellant
Versus
Municipal Corporation of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner seeks temporary de-sealing of property. (Para 1) |
| 2. petitioner holds liquor licenses for the property. (Para 2) |
| 3. approval for shifting of stock granted. (Para 3) |
| 4. respondents consent to temporary de-sealing. (Para 4 , 5) |
| 5. court orders temporary de-sealing and disposes of petition. (Para 6 , 7) |
JUDGMENT
Manoj Kumar Ohri, J. (ORAL)
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has sought the following reliefs:
"a. Pass a writ of Mandamus or a similar direction against the Respondents to allow temporary de-sealing of the property bearing number D-73, Ground Floor, Malviya Nagar, New Delhi - 110017 for a period of three (3) days allowing the petitioner to shift/remove its existing stock to A-3/15, Asaf Ali Road, Ground Floor, Delhi - 110002 for which excise permission has been granted vide Order dated 08.06.2022 passed by the Department of Excise, Govt. of NCT of Delhi;
b. Pass a writ of Mandamus or a similar direction against the Respondents to allow the Petitioner to remove its stock stored at the property number D-73, Ground Floor, Malviya Nagar, New Delhi - 110017 from the said property."
2.
The court affirmed the necessity for administrative bodies to accommodate lawful business operations upon receipt of relevant permissions, balancing enforcement with procedural fairness.
The court approved the temporary de-sealing of premises for stock movement, emphasizing compliance with administrative permits and the role of regulatory authorities.
A court may grant limited, temporary de-sealing of a premises under official supervision to allow a tenant to retrieve personal belongings, without prejudice to the ongoing legal proceedings before t....
The main legal point established is that a licensee, no longer holding a valid liquor license, should be allowed to dispose of leftover stock as per the prescribed procedure in the Delhi Excise Rules....
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