RAJIV SAHAI ENDLAW, J. - (1.) THIS intra -court appeal impugns the order dated 27th October, 2014 of the learned Single Judge of this Court of disposal of W.P.(C) No.2187/2014 preferred by the two appellants for prohibiting the respondents No.1 to 8 (being the Union of India (UOI), Government of National Capital Territory of Delhi (GNCTD), Municipal Corporation of Delhi (MCD) and Commissioner of Police and other police officials) from renewing the No Objection Certificates (NOCs) / Licences granted to the respondent No.9 Hyatt Regency Hotel, Bhikaji Cama Place, New Delhi from year after year till the conclusion of the investigations into the complaint dated 19th February, 2014 of the appellant No.1 of violation by the said Hotel of the licence conditions, by directing the concerned authorities to decide the said complaint of the appellants after giving an opportunity of hearing to the appellants and by further permitting the appellants to inspect the Hotel in non obtrusive manner for a period of one hour to find out the violations of licence conditions by the said Hotel.
(2.) NOTICE of the appeal was issued. We have heard the senior advocates for the appellants, counsel for the GNCTD/Delhi Police and the counsel for the respondent No.9 Hotel.
(3.) THE appellants filed the writ petition from which this appeal arises, inter alia pleading: (i) that the appellant No.1, on 16th October, 2013, suffered a critical injury from a fall, in the said Hotel, solely attributable to non compliance by the Hotel of the conditions on which various governmental agencies had granted NOCs / Licence for operating the Hotel; the appellant No.2 is the sister of the appellant No.1 and due to the incapacity of the appellant No.1, is acting on behalf of the appellant No.1; (ii) that FIR No.390/2013 of Police Station R.K. Puram dated 19th October, 2013 was lodged with respect to the said incident; (iii) that the appellants filed a complaint dated 19th February, 2014 with the police authorities which had granted the licence for operating the said Hotel, to investigate into the violation of the licence conditions by the Hotel, putting the life of the guests and visitors to the Hotel in jeopardy; (iv) that on such complaint, an inquiry had been ordered; (v) that however notwithstanding the pendency of the said inquiry, the governmental authorities were going ahead with renewing the licence and without which the Hotel cannot operate. The senior counsel for the appellants: (a) drew our attention to the order dated 1st April, 2014 in the writ petition from which this appeal arises, issuing notice thereof and directing the police authorities to file a status report with regard to the investigation in connection with FIR No.390/2013; (b) has invited attention to the status report dated 9th May, 2014 filed in compliance with the aforesaid direction inter alia reporting "It was also observed that certain conditions required for the safety and security of visitors / guests i.e. they should not be allowed to loiter around and the exit gate should have been properly guarded, were found not complied with." (c) informed that a charge sheet has been filed; (d) invited attention to the order dated 4th September, 2014 in the writ petition from which this appeal arises, noting that further status reports dated 9th May, 2014 and 13th May, 2014 filed by the Police indicated that certain violations were found (though the same was controverted by the Hotel); (e) stated that inspite thereof, the licence had been renewed in June, 2014; (f) contended that the action of the police, of renewing the licence while this Court was seized of the controversy and had called for status report, is an affront to the dignity of this Court; (g) invited attention to the counter affidavit filed by the police authorities before the learned Single Judge inter alia stating that the process for cancellation / revocation of licence will be initiated only after receipt of report mentioning violation of conditions of licence; (h) invited attention to the Regulations for Keeping Places of Public Entertainment in the Union Territory of Delhi, 1980 framed under the Delhi Police Act, 1978 and Regulation 20 whereof requires an application for renewal of licence to be made at least 30 days before the day on which the licence is to expire and further providing that an application for renewal of licence not made accordingly shall be liable to be rejected; (i) has invited attention to the letter dated 2nd June, 2014 of the said Hotel to the Deputy Commissioner of Police (Licensing) referring to the "Application submitted on April 22nd, 2014 for renewal of Lodging House Licence of Hyatt Regency, New Delhi"; (j) contended that as per Regulation 19 , the licence was till 31st March, 2014 and an application for renewal thereof ought to have been made at least 30 days prior thereto and the application for renewal having been made on 22nd April, 2014, the licence ought not to have been renewed and has been wrongly renewed; (k) invited attention to the show cause notice dated 12th September, 2014 issued by the Joint Commissioner of Police (Licensing) to the Hotel and in turn referring to report dated 4th June, 2014 of "categorical violations of terms and conditions of the Lodging Licence by Hotel Hyatt Regency"; (l) contended that in the light of the said report, the renewal dated 19th June, 2014 pursuant to the application for renewal dated 22nd April, 2014 is clearly illegal; (m) has drawn attention to the said renewal dated 19th June, 2014 renewing the licence of the Hotel till 31st March, 2015 with the endorsement "subject to directions of Delhi High Court, if any in Writ Petition (Civil) No.2187/2014" and has contended that thus the renewal of the licence till 31st March, 2015 is subject to the orders in the writ petition from which this appeal arises and this Court is empowered to annul the said renewal. ;