W.P.(C) 12183/2023 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 12183/2023

REHRI PATRI EKTA MANCH SUBHASH PARK AND ORS

..... Petitioners

versus

MCD AND ORS

..... Respondents

Advocates who appeared in this case:

For the Petitioners :

Mr. Kamlesh Kumar Mishra, Advocate.

For the Respondents :

Ms. Puja Kalra, Standing Counsel for R-1/MCD.

Mr. Sanjay Lao, Standing Counsel (Criminal) for R-3 & R-

4/SHO.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

HON'BLE MR. JUSTICE ANISH DAYAL

J U D G M E N T

SIDDHARTH MRIDUL, J. (OPEN COURT)

CM APPL. 49520/2023 (for deleting the petitioner Nos. 6, 8 and 25 from

the array of memo of parties and to put on record the amended memo

of parties)

Digitally Signed

By:AANCHAL TAGGAR

Signing Date:06.10.2023

10:44:20

Signature Not Verified

W.P.(C) 12183/2023 Page 2 of 9

1. The present application under Section 151 of the Code of Civil

Procedure (CPC), 1908, has been instituted on behalf of the

applicants/petitioner Nos. 6, 8 and 25, praying as follows:-

“In the facts and circumstances stated herein

above, it is Most Respectfully prayed that this

Hon'ble Court may graciously be pleased to:

I. Allow the Petitioner No.6, 8 & 25 to withdraw

from the present petition with liberty to avail the

appropriate legal remedies.

II. Allow the Petitioner No.6, 8 & 25 for deletion

from the array of memo of parties in the present

writ petition.

III. Allow to put on record the amended memo of

parties.

IV. Pass any such directions or order that this

Hon'ble court deems fit and proper in the facts

and circumstances of the above-mentioned case.

AND FOR THIS ACT OF KINDNESS THE

PETITIONER AS IN DUTY BOUND SHALL

EVER PRAY.”

2. Issue notice.

3. Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of

the non-applicant/respondent No. 1/MCD and Mr. Sanjay Lao, learned

Standing Counsel (Criminal) accepts notice on behalf of the non-

applicants/respondent Nos. 3 and 4/SHO and fairly do not oppose the

present application.

4. In view of the foregoing and the reasons stated in the application,

which is duly supported by an affidavit, the same is allowed and resultantly,

Digitally Signed

By:AANCHAL TAGGAR

Signing Date:06.10.2023

10:44:20

Signature Not Verified

W.P.(C) 12183/2023 Page 3 of 9

the names of the petitioner No. 6, namely, Mr. Ateequr Rehman, petitioner

No.8, namely, Mr. Saeed Ud Din and petitioner No.25, namely, Mr.

Ameenuddin, are deleted from the array of memo of parties, in the

accompanying writ petition.

5. The application is disposed of accordingly.

6. Let the amended memo of parties be taken on the record forthwith.

W.P.(C) 12183/2023

7. The present writ petition under Article 226 of the Constitution of

India, 1950, has been instituted on behalf of the petitioners, praying as

follows:-

“In the facts and circumstances stated herein

above, it is Most Respectfully prayed that this

Hon'ble Court may graciously be pleased to:

I. Pass an order directing the respondents to allow

the petitioner no. 2 to 25 to peacefully vend in

terms of the Certificate of Vending issued to

them.

II. Pass an Order directing the respondents to

ensure that the petitioner no. 2 to 25 be allowed to

peacefully vend on their vending sites i.e. On the

Footpath, Neta Ji Subhash Park to Jama Masjid

Metro Station Gate No-4, City SP Zone, Ward-

85-N without any hindrance being caused by any

public official.”

8. Issue notice.

9. Ms. Puja Kalra, learned Standing Counsel, accepts notice on behalf of

Digitally Signed

By:AANCHAL TAGGAR

Signing Date:06.10.2023

10:4