Delhi High Court
Resident Welfare Association (Rwa) ... vs Govt. Of Nct Of Delhi & Ors. on 23 July, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~126
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3097/2024
RESIDENT WELFARE ASSOCIATION (RWA) REGD, B2C
BLOCK, JANAKPURI, NEW DELHI .....Petitioner
Through: Mr.Ujwal Ghai with Mr.Shivek Rai
Kapoor, Advocates.
versus
GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Mr.Vikrant Yadav, Advocate for R-
2/DTTDC.
Mr.Parth Chaturvedi, Advocate for R-
4.
% Date of Decision: 23rd July, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present application has been filed under Section 151 CPC, 1908 on
behalf of respondent no.4 seeking disposal of the present petition as the
same has become infructuous due to surrender of license of the subject
liquor vend by respondent no. 4/owner.
2. Learned counsel for the applicant-respondent no. 4 states that the
prayer in the present writ stands satisfied since respondent no.4, who is the
owner of the shop/ erstwhile liquour vend, has surrendered the license for
the same and has also intimated the concerned department about it. He states
that respondent no.4 does not wish to continue with the shop or the liquor
vend owing to the protests witnessed by the petitioner-association and the
present proceedings.
3. He further states that owing to the stay imposed by this Court vide
order dated 01st March, 2024, respondent no.4 is not able to lease the
property to any other person for any other use, due to which she is facing
financial losses. He points out that respondent no.4 is an aged lady who is
dependent on the rental income from the shop in question and hence the
present writ be disposed of as infructuous and the shop in question may be
allowed to be used for any other purpose, subject to the laws of the land.
4. Issue notice. Mr.Ujwal Ghai, learned counsel appearing for the
petitioner and Mr.Vikrant Yadav, learned counsel appearing for respondent
no.2/DTTDC accept notice on behalf of non-applicants.
5. Though learned counsel for DTTDC states that he has not received an
advance copy of the present application, yet learned counsel for the
petitioner/non-applicant states that if respondent no.4 is held bound by
paragraph 9 of the affidavit dated 18th July, 2024 filed along with the present
application, he has no objection to the present writ petition being disposed
of.
6. Consequently, the applicant/respondent no.4 is held bound by
paragraph 9 of the affidavit dated 18th July, 2024, wherein it is stated,
"respondent no.4 shall ensure and undertake that no liquor shop shall be
opened in the shop in question in future as well." The respondent
no.2/DTTDC is also directed to accept the applicant/respondent no.4's
application for surrender of license of the subject liquor shop forthwith.
7. Accordingly, the present application is allowed and the writ petition
stands disposed of as satisfied. The next date of hearing stands cancelled.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 23, 2024
KA
