J U D G M E N T

1. The petitioner is invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking appropriate writ for quashing and setting aside of the letter No. F1(3)2001/LPC/42 dated 11.02.2019, issued by the Respondent No. 2/Deputy Director (LPC), DDA. Following are the reliefs sought by the petitioner by way of this present writ petition: -

“(a). quash the letter No. F1(3)2001/LPC/42 dated 11.02.2019 issued by the Respondent No. 2; and/or, (b). pass any other further order/orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

FACTUAL BACKGROUND:

2. The petitioner claims that he is a holder of a valid Stamp Vending License and on 13.03.2002 was allotted the Kiosk No. 1 (admeasuring 2.00 mt. x 2.90mt.) on a license basis by the Divisional Commissioner, GNCTD1, at INA, Vikas Sadan, New Delhi. The allotment letter dated 13.03.2002, issued by the Divisional Commissioner, GNCTD, to the petitioner contained the following terms and conditions: - “TERMS & CONDITIONS Sub.: Allotment of additional space for stamp vending at Vikas Sadan on LICENCE FEEBASIS (2.00 mt. x 2.90 mt.)

1. Licence fee for one month would be Rs.2227/- which shall be payable in advance by 31st March every year.

2. The amount / license fee will be increased by 10% every year.

3. If the above license fee is not deposited in due time, the interest for delay period will be charged as per policy.

In addition to above, allottees are liable to pay property tax etc.”

3. The petitioner contends that by a letter dated 26.03.2002, the office of Divisional Commissioner directed respondent No. 1/DDA2 to hand over possession of Kiosk No. 1 to the petitioner. The DDA by way of the letter dated 12.04.2002 advised the petitioner to take the physical possession of the Kiosk No. 1 on behalf of the Divisional Commissioner, GNCTD, Tis Hazari Court, Delhi. It would be apposite to reproduce the relevant portion of the letter dated

12.04.2002: -

“Sub: - Allotment of Shop No. 1 near car parking of Vikas Sadan, New Delhi.

Shop No. 1 near the car parking of Vikas Sadan, New Delhi has been allotted to office of the Divisional Commissioner Govt. of N.C.T. Tis Hazari Delhi for stamp vending. You are therefore advised to take over the physical possession from the XXXX Vikas Sadan, New Delhi on behalf of Divisional Commissioner Govt. of NCT Tis Hazari Court Delhi.”

4. It is borne out from the record that a Writ Petition(C)

1 The Government of National Capital Territory of Delhi

2 Delhi Development Authority

12274/2006 was filed by an N.G.O seeking cancellation of the Kiosk No. 1, which had been allotted to the petitioner. The DDA filed a Counter Affidavit dated 19.09.2007, in response to the aforementioned writ petition. In the Counter Affidavit, it was stated that Kiosk No. 1 had been allotted to the Divisional Commissioner, who subsequently allotted it to the petitioner. Therefore, the DDA has no contractual obligation regarding the Kiosk No. 1. On 12.08.2008, one Mr. Gaurav Gupta filed an RTI3 application seeking information about the business purpose of Kiosk No. 1 allotted to the petitioner. DDA responded that Kiosk No. 1, was allotted on a license fee basis for documentation work and permitted only a licensed stamp vendor. The aforementioned writ petition was dismissed on 14.01.2009, holding that the writ petition was filed due to the business rivalry of Mr. Gaurav Gupta and the petitioner.

5. The petitioner made representations to the Hon’ble Lieutenant Governor of Delhi on 11.08.2016, 02.06.2017 and 15.12.2017, requesting the regularization of Kiosk No. 1 in his favour by converting it to a freehold status. However, the petitioner received no response. On 11.02.2019, the petitioner received a letter from the respondent No. 2/ Deputy Director (LPC4), DDA, cancelling the license granted to the petitioner and directing the petitioner to hand over the physical possession of Kiosk No. 1 to the DDA. Aggrieved by th