Yogender Kumar Vs Govt, of NCT of Delhi and Others — Writ and Judicial Review | Delhi HC (2026)

Yogender Kumar Vs Govt, of NCT of Delhi and Others — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Direction to MCD to de-seal the subject shop, subject to the petitioner filing an undertaking (with a copy to MCD) that the shop will not be used for any purpose without obtaining the requisite license from MCD; any violation to amount to contempt of Court; MCD to process any Health Trade License application in accordance with law after statutory formalities.

Issue for consideration

Whether the respondent-MCD should be directed to de-seal shop no. 1857, Gopal Gaushala, Hanuman Mandir, Jamuna Bazar, Delhi-110006 ('subject shop'), sealed under an order dated 4th August, 2017. +1 more

Court's answer

The writ petition is disposed of by directing MCD to de-seal the subject shop, subject to the petitioner filing an undertaking before this Court, with a copy to MCD, that the subject shop will not be used for any purpose without obtaining the requisite license from MCD, as may be required.

Ratio / Principle

Any violation of the undertaking will amount to contempt of Court.

Key takeaways

If the petitioner makes an application for a Health Trade License, MCD will process it in accordance with law and after complying with all the statutory formalities.ratio¶18

Detailed headnote1 paragraphs

Delhi High Court (Justice Amit Bansal) disposed of W.P.(C) 10058/2026 & CM APPL. 46808/2026, filed under Article 226 of the Constitution by Yogender Kumar seeking de-sealing of shop no. 1857, Gopal Gaushala, Hanuman Mandir, Jamuna Bazar, Delhi-110006 ('subject shop'), sealed under an order dated 4th August, 2017. An earlier petition by the petitioner's brother (W.P.(C) 3262/2022, disposed of 1st April, 2026) had recorded that the license stood in Yogender Kumar's name alone. MCD contended the shop operated as an eatery in unsanitary and unhygienic conditions without a Health Trade License; the petitioner's 2023 license admittedly expired on 31st March, 2026. The Court directed de-sealing subject to the petitioner filing an undertaking, with a copy to MCD, that the shop will not be used for any purpose without the requisite MCD license, any violation amounting to contempt of Court; MCD to process any fresh Health Trade License application in accordance with law after complying with statutory formalities.

$~54

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 10058/2026 & CM APPL. 46808/2026

YOGENDER KUMAR .....Petitioner Through: Mr. Durgesh Gupta & Mr. Sahil Singh, Advocates.

versus

GOVT, OF NCT OF DELHI AND OTHERS .....Respondents Through: Mr. Pramod Kumar, Panel Counsel for R-1 with Mr. Sujeet Kumar Yadav, Advocate for GNCTD. Mr. Rakesh Malhotra, Mr. Bharat Malhotra & Ms. Gayatri Bhatia, Advocates for MCD.

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 23.07.2026

The petitioner has filed the present petition under Article 226 of the Constitution for a direction upon the respondent-MCD to de-seal shop no. 1857, Gopal Gaushala, Hanuman Mandir, Jamuna Bazar, Delhi-110006 (‘subject shop’), which was sealed under an order dated 4^th August, 2017. 2. Earlier, one Mr. Rahul Gorey, the brother of the petitioner had filed W.P.(C) 3262/2022 before this Court, which was disposed of vide order dated 1^st April, 2026 noting that the license was issued in the name of Yogender Kumar, the petitioner herein and therefore, only the said Yogender Kumar can apply for de-sealing of the subject shop.

The contention of the respondent-MCD is that the petitioner was

Page 1 of 2

W.P.(C) 10058/2026

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 25/07/2026 at 12:02:49

operating an eatery at the subject shop in unsanitary and unhygienic conditions, and without obtaining a Health Trade License.

The petitioner has relied upon a Health Trade License issued by MCD in the year 2023. That license, admittedly, expired on 31^st March, 2026, and the petitioner has no Health Trade License thereafter.

Mr. Durgesh Gupta, counsel for the petitioner, undertakes before the Court that if the property is de-sealed, it will not be used without obtaining a Health Trade License from the MCD, in accordance with law.

In view thereof, the writ petition, is disposed of by directing MCD to de-seal the subject shop, subject to the petitioner filing an undertaking before this Court, with a copy to MCD, that the subject shop will not be used for any purpose without obtaining the requisite license from MCD, as may be required.

It is made clear that any violation of this undertaking will amount to contempt of Court.

If the petitioner makes an application for obtaining a Health Trade License, MCD will process it in accordance with law, and after complying with all the statutory formalities.

AMIT BANSAL, J

JULY 23, 2026 ds

Page 2 of 2

W.P.(C) 10058/2026

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 25/07/2026 at 12:02:49