Delhi High Court
Blue Moon Cafe vs Deputy Commissioner Of Police & ... on 30 May, 2023
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 30.05.2023
+ W.P.(C) 7788/2023
BLUE MOON CAFE ..... Petitioner
versus
DEPUTY COMMISSIONER OF POLICE & ANR
..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms. Mahjabeen, Advocate
For the Respondent : Mr. Santosh K Tripathi, ASC with Mr.
Arun Panwar and Ms. Mahak
Rankawat, Advocates and PSI
Sandeep, P.S. Anand Vihar.
Inspector Ram Naresh, Licensing Unit,
Delhi Police for R-2.
Mr. Anupam Sharrma, Special
Counsel-ED with Mr. Prakarsh Airan,
Ms. Harpreet Kalsi, Mr. Abhishek
Batra and Mr. Ripudaman Sharma,
Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
The matter has been received on transfer on urgent mentioning
CM APPL. 30082/2023
1. Exemption allowed subject to all just exceptions.
Signature Not Verified
By:VINOD KUMAR
Signing Date:02.06.2023
19:08:06
2. The application stands disposed of.
W.P.(C) 7788/2023 & CM APPL. 30081/2023 (Interim Order)
3. The petitioner challenges the notice dated 08.05.2023 at page 93
(Annexure P-6) to the petition, whereby the ACP of the area has
directed the SHO P.S. Anand Vihar to file the closure report with
photographs of the premises bearing Shop No. 209-210, Second Floor,
Plot No.15, Nipun tower, Karkardooma Commercial Complex, East
Delhi, running a restaurant and bar by the name "Blue Moon Cafe".
4. A perusal of the said impugned notice reveals that barring the
aforesaid directions, no other discernable reason or grounds are given
for such order being passed.
5. Learned counsel for the petitioner submits that the petitioner has
all the requisite licenses, including that issued by the East Delhi
Municipal Corporation, Form C of the Government of Delhi under the
Food Safety and Standards Authority of India which gives permission to
serve Beverages, ready-to-eat savouries and prepared foods.
6. Learned counsel submits that the petitioner has applied to the
DCP, commencing from the year 2021 and the last being on 25.02.2023.
However, neither has there been any response nor any disposal of the
aforesaid applications seeking permission through the DCP.
7. Learned counsel appearing for the respondent nos. 1 and 2
submits that the applications being referred to by learned counsel for the
petitioner have been individually examined and rejected either by the
MCD or by the Delhi Police and as such there is nothing pending before
the Delhi Police or the MCD.
8. Be that as it may, this Court is of the considered opinion that the
Signature Not Verified
By:VINOD KUMAR
Signing Date:02.06.2023
19:08:06
present petition may be treated as a representation by the petitioner to
the respondent, which may be placed before the Competent Authority
who may dispose of the same with a speaking order within one week
from today.
9. The petitioner will be afforded an opportunity of personal hearing
of which an advance notice will be given to the petitioner.
10. In the meanwhile, till the order is passed, no coercive action shall
be taken by the respondents to give effect to the order dated 08.05.2023.
11. The petition alongwith application is disposed of in above terms.
TUSHAR RAO GEDELA, J.
MAY 30, 2023
Aj
Signature Not Verified
By:VINOD KUMAR
Signing Date:02.06.2023
19:08:06
