W.P.(C) 3755/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 04^th June, 2021

Judgment delivered on: 26^th July, 2021

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W.P.(C) 3755/2021& CM. APPL. 11317/2021

RAHUL KUMAR

..... Petitioner

versus

THE EAST DELHI MUNICIPAL CORPORATION ..... Respondent

HON’BLE MR. JUSTICE SANJEEV SACHDEVA

Advocates who appeared in this case:

For the Petitioners:

Mr. Mitthan Lal Gupta, Advocate.

For the Respondent: Mr. Amit Sinha, Advocate.

CORAM:-

JUDGMENT

1.

Petitioner seeks a writ of mandamus thereby directing the

respondent to release the vehicle of the petitioner bearing registration

no. DL-ILAA- 4046 (TATA 407).

SANJEEV SACHDEVA, J.

2.

As per the petitioner, the petitioner is the registered owner of

the above referred vehicle, which is financed by HDFC Bank and

petitioner is still to repay the loan amount to the bank. Petitioner

uses the said vehicle for transporting goods on payment basis.

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W.P.(C) 3755/2021

3.

It is contended that on 21.01.2021, said vehicle was parked in

front of the house of the petitioner in an open park and some goods

were lying; kept beside the vehicle. The officials of the respondent

came and put a clamp on the wheel of the said vehicle and seized the

goods.

4.

It is alleged that petitioner approached the Officers of the

respondent for removal of the clamp and release of the goods. A

challan of Rs. 11,400/- was issued which was paid on 22.01.2021. No

explanation was given as to why the vehicle was clamped but

petitioner was advised to visit the office of the respondent to get his

vehicle released.

5.

It is contended that petitioner along with all the original

documents of the said vehicle approached the respondent and

requested to remove their clamp enabling him to use his vehicle but

the Official of the respondent showed their inability to do the needful

stating that there was a strike and the concerned staff was not present

in the office and the petitioner had to return empty handed.

6.

It is submitted that because of the pandemic, the financial

condition of the petitioner was not good and he could not timely

service the loan of HDFC bank. Accordingly, on 26.01.2021, the

Officers of the Bank visited the petitioner and seized the vehicle of the

petitioner and took it away. Thereafter the petitioner made

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W.P.(C) 3755/2021

arrangement of funds on interest and got the vehicle released from the

bank.

7.

Thereafter, once again on 12.02.2021, when the vehicle of the

petitioner was parked in front of his house in an open park, the

Officers of the Respondent lifted the vehicle and took it away.

8.

It is submitted that Petitioner thereafter had approached the

respondent for release of the vehicle several times but the Officers of

the respondent demanded exorbitant amount for release of the vehicle.

9.

It is contended that Petitioner thereafter filed a suit for

mandatory injunction before the court of senior civil judge but he has

been advised to file the present petition and accordingly he has

approached this court.

10.

Respondent has filed its counter affidavit contending that a

complaint was received from various agencies regarding illegal parking

and carrying out of commercial activity in the public land in front of

Shamshan Ghat at Geeta Colony, Delhi. It is alleged that Petitioner carries

out the commercial activity of loading-unloading of goods in the public

place.

11.

It is alleged that the Licensing Inspectors of the Respondent

conducted a raid on 21.01.2021 and five vehicles were seized with help of

clamps and 12 goods bundles/ganth were also seized.

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W.P.(C) 3755/2021

12.

It is alleged that Petitioner visited the office of the respondent on

22.01.2021 for release of the 12 goods bundles/ganth. Further, on

23.01.2021 the licensing inspector visited the area again and he noticed that

four out of the five seized vehicles h