Delhi High Court
Raisen Marketing Pvt. Ltd. vs Municipal Corporation Of Delhi ... on 4 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9745/2022 and CM APPL. 28912/2022
Date of Decision 04/07/2022
IN THE MATTER OF:
RAISEN MARKETING PVT. LTD. ..... Petitioner
Through: Mr. Ramesh Kumar, Mr. Kapil
Wadhwa and Ms. Surya Rajappan,
Advocates.
Versus
MUNICIPAL CORPORATION OF DELHI (THROUGH
COMMISSIONER) & ANR. ..... Respondents
Through: Ms. Monika Arora and Mr.
Yogesh Panwar, Advocates for
MCD.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J. (ORAL)
1. By way of the present petition filed under Article 226 of the
Constitution of India, the petitioner has sought the following reliefs:-
"a. Pass a writ of Mandamus or a similar direction
against the Respondents to allow temporary de-sealing of
the property bearing Shop No. 29, Block-B, Shop No. B-
45, 44A, Block A, Ground Floor, LSC Market, Naraina,
New Delhi - 110015 for a period of Seven (7) days
allowing the petitioner to shift/remove its existing stock to
Plot No. 30, GF & Mezzanine Floor, Commercial
Complex Naraina Industrial Area, Phase -I, New Delhi -
110028 for which excise permission has been granted
vide Order dated 20.05.2022 passed by the Department of
Excise, Govt. of NCT of Delhi;
b. Pass a writ of Mandamus or a similar direction
against the Respondents to allow the Petitioner to remove
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
its stock stored at the property bearing Shop No. 29,
Block-B, Shop No. B-45, 44A, Block A, Ground Floor,
LSC Market, Naraina, New Delhi - 110015 from the said
property;
c. Pass a writ of Mandamus or a similar direction
against the Respondents to allow the Petitioner to carry
out the necessary construction in the property bearing
Shop No. 29, Block-B, Shop No. B-45, 44A, Block A,
Ground Floor, LSC Market, Naraina, New Delhi -
110015 to rectify the amalgamation carried out pursuant
to which the said property was sealed."
2. Mr. Ramesh Kumar, learned counsel for the petitioner, submits
that the petitioner was granted L-7Z Zonal licence for Retail sale of
Indian and foreign liquor (excluding country liquor) in the NCT of Delhi
on 18.08.2021, which was valid upto 31.03.2022. Thereafter, on
18.11.2021, it obtained an L-7V license to operate liquor vend from Shop
Nos. 44(A), B-45(B), Ground Floor, Block A and Shop No. 29, Ground
Floor, Block B, L.S.C., Naraina, New Delhi, which stands extended till
31.07.2022.
During the course of operation of its liquor vend, the petitioner
received a Show Cause Notice dated 24.11.2021 from the respondents
under Sections 343 and 344(1) of the Delhi Municipal Corporation Act,
1957, alleging amalgamation of the Shops bearing Nos. A-29(A), B-44(A)
and B-45(B), LSC Market by removal of the partition walls at the ground
floor. Subsequently, the said properties were sealed on 03.12.2021 and
also partly demolished.
3. Learned counsel for the petitioner has further submitted that vide
order dated 20.05.2022, the Deputy Commissioner (Excise-I)/Licensing
Authority has approved the petitioner's request for shifting of stock from
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
Shop No. 29, Block-B, B-45 Block-A, Shop No. 44A, Ground Floor, LSC
Naraina, New Delhi to Plot No. 30, First Floor & Mizzanine Floor,
Commercial Complex Naraina Industrial Area, Phase I, New Delhi -
110028. A copy of the said order has been annexed to the present petition
as Annexure 14.
It is also submitted that the excise license of the petitioner is due to
expire on 31.07.2022, whereafter it may not be able to sell the stock
lying in the sealed premises. Learned counsel has prayed that in case the
subject premises are temporarily de-sealed by the
respondent/Corporation, the petitioner would be able to shift the stock
lying in the aforesaid premises to the newly allotted premises.
4. Issue notice.
5. Ms. Monika Arora, learned counsel for the respondents, accepts
notice and, on instructions, submits that the petitioner's request for
temporary de-sealing of Shop Nos.B-45, 44-A and 29, Ground Floor,
Block-A, LSC Market has already been approved vide letter/order dated
05.05.2022 issued by the Corporation. As per the said letter, the subject
premises were directed to be temporarily de-sealed on 18.05.2022 at
11:00 a.m. and re-sealed after one day, i.e. on 19.05.2022, at 11:00 a.m.
6. Learned counsel for the petitioner submits that on the said date,
there was no permission from the Excise Department and thus the stock
could not be shifted. He, on instructions, further submits that requisite
permission from the Excise Department has now been received and in
case the premises are temporarily de-sealed for a period of 02 days, the
petitioner would be able to shift its stock to the newly allotted premises.
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
7. Ms. Monika Arora, learned counsel for the respondents, on
instructions, submits that the respondents have no objection to the
aforesaid.
8. Accordingly, with the consent of the parties, it is directed that the
subject premises be temporarily de-sealed by the respondents on
07.07.2022 at 11:00 a.m. and re-sealed thereafter on the next day, i.e. on
08.07.2022, at 04:00 p.m.
9. With the above direction, the writ petition is disposed of.
Miscellaneous application is disposed of as infructuous.
(MANOJ KUMAR OHRI)
JUDGE
JULY 04, 2022/ga
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
