✦ High Court of India · 21 Jul 2025

Mr. Rishikesh Kumar, Adv v. GOVERNEMENT OF NCT OF DELHI AND ORS

Case Details High Court of India · 21 Jul 2025
Court
High Court of India
Decided
21 Jul 2025
Bench
Not available
Length
1,169 words

$~126 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9932/2025 AAM YOUTH FOUNDATION THROUGH SECRETARY MR. KAMLESH YADAV .....Petitioner Through: Mr. Rishikesh Kumar, Adv. versus GOVERNEMENT OF NCT OF DELHI AND ORS.....Respondents Through: Mr. Sameer Vashisht, SC, Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs. for GNCTD. Mr. Sushil Kumar Pandey, SPC and Mr. Amit Acharya, Adv. for R-5. Mr. Anil Soni, Sr. Adv., Mr. Subhash Tanwar, Mr. Himanshu Kaushik, Mr. Naveen Dedha, Mr. Rupender Sharma, Advs. and Mr. Jugal Kishore, AR for R-6. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 21.07.2025 O R D E R 1. The petitioner is stated to be an organization that has regularly set up Kanwar Seva camps in Delhi since the year 2015.The present petition has been filed by the petitioner alleging arbitrary denial of its traditional Kondli Camp location at Kondli Pul, Main Road, Opposite Sankhwar Hospital, Delhi-110096 (hereafter referred as the “Kondli Camp”), for the year 2025. 2. It is submitted that the petitioner has been successfully operating a Kanwar camp at Kondli since the year 2019, with permissions granted for the years 2019, 2022, 2023 and 2024. 3. It is submitted that for the year 2025, the petitioner applied for registration on 02.07.2025, well within the prescribed window 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 12/08/2025 at 13:07:26

30.06.2025 to 10.07.2025. The petitioner’s documents were verified by the police on 03.07.2025, and formal permissions were received from the Deputy Commissioner of Police and the Traffic Police on 05.07.2025 for the Kondli Camp. 4. It is submitted that the final list released on 09.07.2025 reallocated the Kondli Camp to another organization, respondent no.6, even though the petitioner filed its application within the time specified in the Public Notice dated 28.06.2025. It is submitted that the petitioner ought to have secured its spot based on “first-come, first served” criteria. A formal representation is stated to have been submitted to the concerned Sub-Divisional Magistrate, however, no response is stated to have been received by the petitioner thereto. 5. In the aforesaid circumstances, the petitioner seeks, inter alia, that the respondents be directed to grant permission for setting up a Kanwar camp at the Kondli site. The petitioner also seeks that the respondent no.6 be directed to vacate the concerned site. It has also been sought that the petitioner’s representation dated 10.07.2025 be decided by the respondent no.1 to respondent no.4. 6. During the course of hearing, learned counsel for the GNCTD produced a copy of the letter dated 07.07.2025, addressed to the petitioner, whereby it has been communicated as under:- 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 12/08/2025 at 13:07:26

7. The minutes of the meeting enclosed with the aforesaid letter reads as under:- Delhi, dated : 08/07/2025 “A meeting of the Committee constituted under the Chairmanship of Hon’ble Minister, Law & Justice, Labour, employment, tourism, Development and Art, Culture & Language, Govt. Of NCT of Delhi and 04 (four) Hon’ble MLAs namely Sh. Sanjay Goyal, Hon’ble MLA (Shahdara), Sh. Tilak Ram Gupta, Hon’ble MLA (Tri Nagar), Sh. Anil Sharma, Hon’ble MLA (R.K. Puram) and Sh. Praduymn Singh Rajput, Hon’ble MLA (Dwarka) vide Cabinet Decision No. 3216 dated 26.05.2025 was held on Tuesday, 08.07.2025 in his Conference Room at 8MINUTES OF MEETING thIt was observed that last year only 170 application were received, however, upto 8.7.2025 approx 250 applications were received. The following decisions were taken in the meeting. Level, A-Wingh, Delhi Secretariat regarding permission to Kanwar Samitis for organizing Kanwar Camps. 1. MCD may ensure maintenance of proper sanitation in the Kanwar Camps. 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 12/08/2025 at 13:07:26

2. Health Department may ensure availability of proper medical facilities in the Kanwar Camps. 3. Delhi Jal Board may ensure proper supply of water/drinking water in the Kanwar Camps. 4. Power Companies may ensure uninterrupted power supply to the Kanwar Camps. 5. Police Authorities may maintain proper law and order situation in and around the Kanwar Camps. 6. Traffic Police may ensure proper management of traffic so that there will be no problem to the general public. 7. In order to give opportunity to more Kanwar Samitis including Samitis organizing Camps for the first time, the Committee decided that one Samiti shall be given only one permission to organiza the Kanwar Camp. 8. It was also decided that all the District Magistrates will ensure that issuance of NOC to Kanwar Samitis within 72 hours of receipt of their applications. However, it is clarified that the approval of the duly constituted Committee headed by the Hon’ble Minister and four Hon’ble MLAs vide Cabinet Decision No. 3216 dated 26.05.2025 shall be taken as final for organizing the Kanwar Camps. Meeting ended with the vote of thanks to the Chair. 8. The aforesaid minutes evince the policy of the GNCTD to the effect that “One Samiti shall be given only one permission to organize the Kanwar Camp”. The purpose of the same, as set out in Para 7 of the aforesaid minutes dated 08.07.2025, is to ensure that more Kanwar Samitis get opportunities to organize camps. 9. It is undisputed that the petitioner has been granted permission to organize a Kanwar Camp at Hasanpur (where it has been organizing camps since 2015). Thus, the reasons disclosed for not allotting the Kondli site for the purpose of “camp”, are rational and have a cogent basis. Moreover, the Kondli site has already been allotted to respondent no.6, which has already commenced its camp at the said site. 10. In the circumstances, this Court does not find it apposite to issue a writ in the nature of Mandamus as sought in the present petition. Needless to 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 12/08/2025 at 13:07:26 say, for future year/s it shall be open to the petitioner to seek appropriate permissions to organize a Kanwar Camp at the Kondli site. The same shall be duly considered by the respondents in accordance with law. 11. The petition is accordingly disposed of in the above terms. SACHIN DATTA, J JULY 21, 2025/uk, ss

$~126 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9932/2025 AAM YOUTH FOUNDATION THROUGH SECRETARY MR. KAMLESH YADAV .....Petitioner Through: Mr. Rishikesh Kumar, Adv. versus GOVERNEMENT OF NCT OF DELHI AND ORS.....Respondents Through: Mr. Sameer Vashisht, SC, Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advs. for GNCTD. Mr. Sushil Kumar Pandey, SPC and Mr. Amit Acharya, Adv. for R-5. Mr. Anil Soni, Sr. Adv., Mr. Subhash Tanwar, Mr. Himanshu Kaushik, Mr. Naveen Dedha, Mr. Rupender Sharma, Advs. and Mr. Jugal Kishore, AR for R-6. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 21.07.2025 O R D E R 1. The petitioner is stated to be an organization that has regularly set up Kanwar Seva camps in Delhi since the year 2015.The present petition has been filed by the petitioner alleging arbitrary denial of its traditional Kondli Camp location at Kondli Pul, Main Road, Opposite Sankhwar Hospital, Delhi-110096 (hereafter referred as the “Kondli Camp”), for the year 2025. 2. It is submitted that the petitioner has been successfully operating a Kanwar camp at Kondli since the year 2019, with permissions granted for the years 2019, 2022, 2023 and 2024. 3. It is submitted that for the year 2025, the petitioner applied for registration on 02.07.2025, well within the prescribed window 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 12/08/2025 at 13:07:26

30.06.2025 to 10.07.2025. The petitioner’s documents were verified by the police on 03.07.2025, and formal permissions were received from the Deputy Commissioner of Police and the Traffic Police on 05.07.2025 for the Kondli Camp. 4. It is submitted that the final list released on 09.07.2025 reallocated the Kondli Camp to another organization, respondent no.6, even though the petitioner filed its application within the time specified in the Public Notice dated 28.06.2025. It is submitted that the petitioner ought to have secured its spot based on “first-come, first served” criteria. A formal representation is stated to have been submitted to the concerned Sub-Divisional Magistrate, however, no response is stated to have been received by the petitioner thereto. 5. In the aforesaid circumstances, the petitioner seeks, inter alia, that the respondents be directed to grant permission for setting up a Kanwar camp at the Kondli site. The petitioner also seeks that the respondent no.6 be directed to vacate the concerned site. It has also been sought that the petitioner’s representation dated 10.07.2025 be decided by the respondent no.1 to respondent no.4. 6. During the course of hearing, learned counsel for the GNCTD produced a copy of the letter dated 07.07.2025, addressed to the petitioner, whereby it has been communicated as under:- 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 12/08/2025 at 13:07:26

7. The minutes of the meeting enclosed with the aforesaid letter reads as under:- Delhi, dated : 08/07/2025 “A meeting of the Committee constituted under the Chairmanship of Hon’ble Minister, Law & Justice, Labour, employment, tourism, Development and Art, Culture & Language, Govt. Of NCT of Delhi and 04 (four) Hon’ble MLAs namely Sh. Sanjay Goyal, Hon’ble MLA (Shahdara), Sh. Tilak Ram Gupta, Hon’ble MLA (Tri Nagar), Sh. Anil Sharma, Hon’ble MLA (R.K. Puram) and Sh. Praduymn Singh Rajput, Hon’ble MLA (Dwarka) vide Cabinet Decision No. 3216 dated 26.05.2025 was held on Tuesday, 08.07.2025 in his Conference Room at 8MINUTES OF MEETING thIt was observed that last year only 170 application were received, however, upto 8.7.2025 approx 250 applications were received. The following decisions were taken in the meeting. Level, A-Wingh, Delhi Secretariat regarding permission to Kanwar Samitis for organizing Kanwar Camps. 1. MCD may ensure maintenance of proper sanitation in the Kanwar Camps. 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 12/08/2025 at 13:07:26

2. Health Department may ensure availability of proper medical facilities in the Kanwar Camps. 3. Delhi Jal Board may ensure proper supply of water/drinking water in the Kanwar Camps. 4. Power Companies may ensure uninterrupted power supply to the Kanwar Camps. 5. Police Authorities may maintain proper law and order situation in and around the Kanwar Camps. 6. Traffic Police may ensure proper management of traffic so that there will be no problem to the general public. 7. In order to give opportunity to more Kanwar Samitis including Samitis organizing Camps for the first time, the Committee decided that one Samiti shall be given only one permission to organiza the Kanwar Camp. 8. It was also decided that all the District Magistrates will ensure that issuance of NOC to Kanwar Samitis within 72 hours of receipt of their applications. However, it is clarified that the approval of the duly constituted Committee headed by the Hon’ble Minister and four Hon’ble MLAs vide Cabinet Decision No. 3216 dated 26.05.2025 shall be taken as final for organizing the Kanwar Camps. Meeting ended with the vote of thanks to the Chair. 8. The aforesaid minutes evince the policy of the GNCTD to the effect that “One Samiti shall be given only one permission to organize the Kanwar Camp”. The purpose of the same, as set out in Para 7 of the aforesaid minutes dated 08.07.2025, is to ensure that more Kanwar Samitis get opportunities to organize camps. 9. It is undisputed that the petitioner has been granted permission to organize a Kanwar Camp at Hasanpur (where it has been organizing camps since 2015). Thus, the reasons disclosed for not allotting the Kondli site for the purpose of “camp”, are rational and have a cogent basis. Moreover, the Kondli site has already been allotted to respondent no.6, which has already commenced its camp at the said site. 10. In the circumstances, this Court does not find it apposite to issue a writ in the nature of Mandamus as sought in the present petition. Needless to 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 12/08/2025 at 13:07:26 say, for future year/s it shall be open to the petitioner to seek appropriate permissions to organize a Kanwar Camp at the Kondli site. The same shall be duly considered by the respondents in accordance with law. 11. The petition is accordingly disposed of in the above terms. SACHIN DATTA, J JULY 21, 2025/uk, ss

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