DEVI CHARAN vs NEW-DELHI MUNICIPAL COUNCIL AND ORS.

Judgment text excerpt

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19th May, 2025 + W.P.(C) 6666/2025 & CM APPL. 30221/2025 DEVI CHARAN .....Petitioner Through: Mr. N. K. Sahoo, Advocate versus NEW-DELHI MUNICIPAL COUNCIL AND ORS. .....Respondents Through: Mr. Sriharsha Peechara, Standing Counsel CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Devi Charan under Article 226 of the Constitution of India, inter alia, seeking substitution of the name of the Petitioner and Respondent No. 3- Kali Charan jointly as legal heir of their deceased mother, Smt. Laxmi who passed away on 9th April 2019. 3. The case of the Petitioner is that he is 65 years of age and is the son of Smt. Laxmi W/o Late Sodan Singh. According to the Petitioner, his father Late Sodan Singh had been squatting at the Tehbazari Site No. 101-T-03, IOB Janpath, Parliament Street, New-Delhi. Thereafter, on 15th June 1999, the said site was transferred to the name of his mother. The mother of the Petitioner had three sons. One of them i.e. Udyaveer has passed away. The Petitioner and Respondent No. 3 are two sons who are alive. Signature Not Verified Signed By:RAHUL W.P.(C) 6666/2025 Page 1 of 3 Signing Date:22.05.2025 00:53:00 4. It is prayed by the Petitioner that after the demise of the mother, the Petitioner ought to be given equal rights in the Tehbazari license. 5. Firstly, there is no Certificate of Vending issued to the mother of the Petitioner. Secondly, the allegation is that the second brother i.e. Respondent No. 3- Kali Charan is presently running the tehbazari site. 6. Both the submissions made on behalf of the Petitioner are not made out from the reco