O R D E R

% 02.04.2024

1. Petitioner has approached this Court with the following prayers:

“(i) Allow the present Writ Petition and issue appropriate writ, order or direction;

(ii) Restrain the Respondent No. 1 not to interfere with the peaceful operation of the Restaurant and Bar known as “Big Daddy” situated at Shop No. GF 20A, Ground Floor, Cross River Mall, Plot No. 9B & 9C, Central Business District, Shahadra, Delhi - 110092 falling under the jurisdictional limit of Police Station Anand Vihar, Delhi;

(iii) Direct the Respondent No. 2 to grant / issue / renew the Eating House License to the Petitioner for Restaurant and Bar known as “Big Daddy” situated at Shop No. GF 20A, Ground Floor, Cross River Mall, Plot No. 9B & 9C, Central Business District, Shahadra, Delhi - 110092 falling under the jurisdictional limit of Police Station Anand Vihar, Delhi or it it has already been renewed, the Respondent No. 2 may be directed to provide the same to the Petitioner;

(iv) Direct the Respondent No. 3 to activate and remove the restriction on Transport Permit under the Excise License for Restaurant and Bar known as “Big Daddy” situated at Shop No. GF 20A, Ground Floor, Cross River Mall, Plot No. 9B & 9C, Central Business District, Shahadra, Delhi - 110092 falling under the jurisdictional limit of Police Station Anand Vihar, Delhi;

(v) Call for the records of the case and issue appropriate writ, order or direction in the nature of writ of certiorari quashing kalandra / challan vide GD No. 0096A dated 22.09.2023 at 20:53:22 PM U/s

28/112 of Delhi Police Act 1978;

(vi) Issue any other Writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to give complete relief to the Petitioner; (vii) Award costs of the petition and the proceedings to the Petitioner.”

2. It is stated that the Petitioner runs a bar under the name and style of “Bid Daddy” at Shop No. GF 20A, Ground Floor, Cross River Mall, Plot No. 9B & 9C, Central Business District, Shahadra, Delhi – 110092. It is stated that the Petitioner obtained all the necessary licenses from the concerned Departments. It is stated that the Petitioner has filed numerous applications for grant of Eating House License from Delhi Police, however, his application is rejected by the Delhi Police on every occasion. It is stated that the Petitioner’s Excise license is valid upto 31.03.2024.

3. Notice in the present Writ Petition was issued on 11.12.2023 on the ground that there is no reason as to why the application of the Petitioner for Eating House License has been rejected. Material on record does not disclose any detailed order rejecting the application of the Petitioner.

4. It is stated by the learned Counsel for the Delhi Police that against any order of rejection, an appeal is maintainable under the Regulations. He states that it is always open for the Petitioner to file an appeal against the Order of rejection.

5. It is stated by the learned Counsel for the Petitioner that the Petitioner has already filed nine applications and that the Respondents are acting in a high handed and arbitrary manner and, therefore, the Petitioner should not be relegated to alternate remedy and this Court should exercise its jurisdiction under Article 226 of the Constitution of India. Learned Counsel for the Petitioner places reliance on the Judgment of the Apex Court in Harbanslal Sahnia v. Indian Oil Corpn. Ltd., (2003) 2 SCC 107, to contend that mere existence of an alternate remedy does not take away the jurisdiction of the High Court under Article 226 of the Constitution of India. He states that the Petitioner has been deprived of his bread and butter for more than two years and that the Petitioner should not be relegated to the alternate remedy.

6. At this juncture, this Court is not inclined to accede to the request of the learned Counsel for the Petitioner. The Apex Court in Commissioner of Income Tax and Ors vs. Chhabil Dasss Agarwal, (2014) 1 SCC 603, has held as