OMAR FAROOQ v. AGRICULTURE PRODUCE MARKETING COMMITTEE
W.P.(C)/5186/2025 · 2025-04-23
Sachin Datta
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 16418 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16418 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5186/2025
OMAR FAROOQ
.....Petitioner Through: Mr. Asim Naeem, Ms. Cherry Gupta and Mr. Humaira Khan, Advs.
versus
AGRICULTURE PRODUCE MARKETING COMMITTEE .....Respondent Through: Ms. Avnish Ahlawat, SC, Mr. N.K. Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat and Mr. Amitoj Chadha, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
%
23.04.2025 O R D E R
1. Allowed, subject to all just exceptions. CM APPL.23603/2025 (Exemption)
2. Application stands disposed of.
3. The present petition has been filed by the petitioner seeking that the respondent be directed to take steps to cease the continuous illegal encroachment in the area in front of the petitioner’s shop viz. Shop No.14, New Sabzi Mandi, Okhla, New Delhi.
W.P.(C) 5186/2025
4. It is submitted that the respondent has issued a memorandum dated 10.06.2001 and an order dated 20.06.2001 wherein the respondent has itself
directed the encroachers / small shop owners to refrain from occupying the area in front of the bigger shops such as the petitioner’s shop since it creates hindrance in the latter’s business and also affects ingress and egress to the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:50:18
said shops. It is submitted that despite the same, the encroachers are persistent in their conduct in occupying the area in front of the shop of the petitioner.
5. The petitioner has placed on record several photographs (appended as annexure P-5 to the present petition) to show that the area in front of the petitioner’s shop has been rendered completely congested thereby obstructing the petitioner’s use of his own shop.
6. It is submitted that various complaints / representations as well as subsequent reminders have been submitted by the petitioner before the respondent seeking that requisite action be taken by the respondent to ensure that the area in front of the petitioner’s shop is de-congested / not encroached upon by any third party, in the manner depicted in the photographs and as set out in the petitioner’s complaints. (a copy of the said representations / complaints have been appended as Annexure-P11 and copies of the reminders have been appended as Annexure P12 to the present petition).
7.
Learned counsel for the respondent, who appears on advance notice, submits, on instructions, that the respondent will bestow serious
consideration to the grievance/s of the petitioner and that appropriate action in accordance with law shall be taken to redress the same.
8.
Learned counsel for the respondent further submits that in case any encroachment is found by the respondent in front of the petitioner’s shop, as alleged, the same shall be duly removed.
9. In the circumstances, the present petition is disposed of, taking on record the above statement of learned counsel for the respondent/s.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:50:18
10. Let a compliance affidavit be filed by the respondent/s within a period of four weeks from today.
SACHIN DATTA, J APRIL 23, 2025/cl
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:50:18