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2024 Supreme(Online)(DEL) 16205

HIGH COURT OF DELHI
MANOJ KUMAR – Appellant
Versus
THE COMMISSIONER MUNICIPAL CORPORATION OF DELHI & – Respondent


Advocates:
AJAY KUMAR RAI

O R D E R

% 19.09.2024

1. The petitioner in the instant writ petition seeks for directions for closure of alleged unauthorised weekly Tuesday market organised at the street connecting the two roads from Mehrauli - Badarpur Road, situated between F-1 and F-2 Blocks of Sangam Vihar.

2. Learned counsel for the petitioner submits that the same is being organised without due sanction from the MCD and in connivance/collusion of the local market mafia, MCD, Police Officials etc.

3. The Court takes note of the order dated 09.07.2024 passed by this Court in W.P.(C) No.8375/2019 titled as Mr. Mekhtiyar Singh v. North Delhi Municipal Corporation & Anr., wherein, while considering an almost similar controversy, the Court observed that unless a conventional practice is clearly found to be against fundamental rights or in violation of statutory provisions, any interference by the Writ Court, without taking into consideration the stand of all the relevant stakeholders, may not be warranted.

4. Paragraph nos. 4 & 5 of the aforesaid order read as under:- "4. In the instant case, the market which is stated to be organized on Saturday and Monday is consistently being held for last several years, as state

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