Delhi High Court
Mahesh Kumar Yadav vs The State Commissioner For Persons With ... on 4 October, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~149
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 989/2024 & C.M.Nos.58319-58321/2024
MAHESH KUMAR YADAV .....Appellant
Through: Appellant in person.
versus
THE STATE COMMISSIONER FOR PERSONS WITH
DISABILITIES NCT OF DELHI AND ORS .....Respondents
Through: Ms.Hetu Arora Sethi, ASC for
GNCTD with Mr.Prakhar Mani
Tripathi, Advocate.
Mr.Sriharsha Peechara, standing
counsel with Mr.Akshat Kulshrestha,
Mr.D.S.Bhanu and Ms.Arsheiya
Munjal, Advocates for NDMC.
% Date of Decision: 04th October, 2024
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present appeal has been filed challenging the order dated 08th August,
2024 passed by learned Single Judge in W.P.(C) 10358/2024 whereby
learned Single Judge disposed of the petition on the ground that the
appellant's representation dated 15th April, 2024 has been decided by
respondent no.1 vide communication dated 02nd May, 2024.
Signing Date:07.10.2024
15:27:54
2. The appellant who appears in person states that he is an old street
vendor squatting since the year 1998 at Janpath Market, Near Indian Oil
Building, Janpath, Connaught Place, New Delhi. He states that in 2007, he
applied for allotment of Tehbazari/vending site under the Urban Street
Vendor Scheme, 2007 framed by NDMC. He states that the vending site of
the appellant was removed by NDMC in 2016.
3. He states that on 07th October, 2020, he had filed a writ petition
bearing W.P. (C) 9795/2020 with the grievance that while the appellant is
not being allowed to carry out the activities of hawking and vending on the
ground that only the old tehbazari, Thareja tehbazari and those who have
been identified and are 628 in numbers would be permitted, others (namely
respondent nos.3 to 7 herein) who do not fall within the said lists, are being
permitted to hawk and vend in the area of Janpath lane near Indian Oil
Building. He states that NDMC in the counter-affidavit filed in W.P. (C)
9795/2020 stated that respondent nos.3 to 7 are differently-abled and are
vending at the sites in question in pursuance to the permission being granted
by the State Commissioner of Disabilities vide order dated 27th July, 2017.
4. He states that he has filed a representation/application dated 15th
April, 2024 challenging the order dated 27th July, 2017 passed by the State
Commissioner for Persons with Disabilities i.e. respondent no. 1. He
emphasizes that respondent nos.3 to 7 cannot be granted vending sites in the
area of Janpath lane near Indian Oil Building.
5. This Court is of the view that the appellant has no locus to challenge
the order dated 27th July, 2017 passed by the State Commissioner for
Persons with Disabilities.
Signing Date:07.10.2024
15:27:54
6. Further since the appellant's prayer for direction to respondent no.1 to
decide his representation dated 15th April, 2024 has been fulfilled, nothing
remains to be adjudicated in the present appeal.
7. Accordingly, the present appeal along with the applications is
dismissed.
CHIEF JUSTICE
TUSHAR RAO GEDELA, J
OCTOBER 04, 2024
KA
Signing Date:07.10.2024
15:27:54
