ASHU KUMAR GUPTA vs NEW DELHI MUNICIPAL COUNCIL & ORS.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th September, 2025 + W.P.(C) 17458/2022 & CM APPL. 55653/2022 ASHU KUMAR GUPTA .....Petitioner Through: Mr. lakshay Sawhney, Mohammad Huzaifa, Advocates (M:8755554896) versus NEW DELHI MUNICIPAL COUNCIL & ORS. .....Respondents Through: Ms. Ankita Sarangi, ASC for NDMC CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present writ petition has been filed seeking directions to respondent-New Delhi Municipal Council (“NDMC”) to relocate the Shop of the petitioner, i.e., Shop No. 13, Pan Thara, Jantar Mantar, New Delhi- 110001, to one of the proposed viable and feasible sites, as detailed in Annexure P-21 (colly) of the present writ petition. 2. Learned counsel for the petitioner submits that the shop in question was initially allotted in favour of one Sh. Deepak Kumar vide License Deed dated 21st June, 2013. Subsequently, the petitioner entered into a partnership with the said Sh. Deepak Kumar on 06th January, 2016. Subsequently, the said partnership was dissolved vide Dissolution Deed dated 02nd May, 2016. 3. Learned counsel for the petitioner relies upon the Circular dated 16 th August, 2016 issued by Estate-I Department, NDMC, regarding the transfer Signature Not Verified Digitally Signed By:HARIOM SHARMA W.P.(C) 17458/2022 Page 1 of 12 Signing Date:14.09.2025 18:04:13 of license on partnership basis. By relying upon the aforesaid policy, learned counsel for the petitioner submits that the transfer of license on the basis of partnership is recognized the NDMC. 4. He further draws the attention of this Court to Annexure P-11, which is the Statement of Account in respect to the shop in question to submit that as per the document of NDMC, the petitioner is still in occupation of th