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2026 DAILYLAW 20092 (DEL)

RAMESH KUMAR v. MUNICIPAL CORPORATION OF DELHI & ORS.

W.P.(C)/15628/2025 · 2026-09-24

Dinesh Bhatt, Prathiba M Singh

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010776392025 + W.P.(C) 15628/2025 RAMESH KUMAR .....Petitioner Through: Mr. Arnav Chaudhary, Adv. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Tushar Sannu - SC MCD with Mr. Vaibhav Tripathi - Adv & Mr. Rajesh Kumar Vimal - Vertnery Inspector CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DINESH BHATT O R D E R % 24.09.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Ramesh Kumar under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to reimburse the value of the goods belonging to the Petitioner which were auctioned by the Municipal Corporation of Delhi (hereinafter, ‘MCD’). 3. In this matter, the Petitioner has already been issued a provisional Certificate of Vending. The grievance of the Petitioner, therefore, is restricted to the compensation which the Petitioner is seeking for seizure and disposal of 100 kgs of chicken i.e., around 50-55 live chickens as also 33 kgs of the fish through auction. The said seizure was effected on 17th February, 2024 by the officials of the MCD. 4. On 14th January, 2026, the Court had allowed the Petitioner to amend the present petition and had directed the MCD to file a counter affidavit 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 28/09/2026 at 12:12:31 amended writ petition. 5. Thereafter, an affidavit dated 2nd April, 2026 was filed on behalf of the MCD. However, on 20th July, 2026, the Court noted that the said affidavit does not state the amount recovered from the auction of Petitioner’s seized goods. 6. In pursuance thereof, the Court had directed the MCD to file an affidavit stating the same. 7. Today, an additional affidavit dated 23rd September, 2026 has been placed on record by the ld. Counsel for the MCD. The same is taken on record.The said affidavit has been filed by the Veterinary Officer of the MCD, and it states as under: “3. That as per MCD VTL Policy Rule 2023, the Zonal Deputy Director (VS), Zonal Veterinary Officer or DDVS (VS)/VO/(VS) of Central Raid Team or any other Veterinary Doctor/Veterinary Inspector of MCD shall dispose of live poultry birds/fish by the way of auction after such seizure. 4. That the auction dated 17.02.2024 of seized live birds/fish was in accordance with the Policy Rule. That the articles seized during the raid were deposited at Municipal Health Store, Lado Sarai, South Zone, MCD. That the auction amount of seized live poultry birds and fish was Rs.7,800/- (Rupees Seven Thousand Eight Hundred Only) vide G8 No.54266 dated 17.02.2026. That the aforesaid auction amount of Rs.7,800/- was duly deposited in the Municipal Treasury on the next working day on 19.02.2026. A copy of the receipt bearing G8 No.54266 dated 17.02.2026 is annexed herewith and marked as Annexure R-1/A.” 8. As per the aforesaid affidavit, a sum of Rs.7,800/- is stated to have been recovered in the auction. Accordingly, the Petitioner be paid the sum of 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 28/09/2026 at 12:12:31 Rs.7,800/- within a period of two weeks from this order. 9. If the Petitioner has any other claims, he is at liberty to avail of his remedies, in accordance with law. 10. The present petition is disposed of in these terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J DINESH BHATT, J SEPTEMBER 24, 2026 Rahul/sm 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 28/09/2026 at 12:12:31