Allowed

Sudesh Kumar v. Municipal Corporation of Delhi and Ors.

Delhi HC19 Aug 2026W.P.(C)/11991/2026

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a writ petition filed by a street vendor seeking relief against harassment while vending with a small gas cylinder. The Court disposed of the petition by permitting operation subject to safety conditions and clarified that no vested rights accrue pending the Town Vending Committee's plan.

What did the court decide?

Petitioner permitted to operate vend using a small gas cylinder; Condition No. 11 of CoV relaxed; directions to abide by other CoV terms; no vested rights claimed.

Sudesh Kumar Vs Municipal Corporation of Delhi… — Pension and Retirement Benefits | Delhi HC (2026)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010386502026

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Date of decision: 19^th August, 2026 Uploaded on: 20^th August, 2026

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+ W.P.(C) 11991/2026 SUDESH KUMAR .....Petitioner Through: Mr. Aditya, Mr. Vipin Kumar, Mr. Anjani Kr. Mishra and Ms. Pralika Chakraborty, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI AND ORS

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.....Respondents Through: Ms. Puja S Kalra, Standing Counsel with Mr. Virendra Singh, Adv. for MCD.

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Ms. Vaishali Gupta Panel Counsel (CIVIL) GNCTD, Mr. Shaurya Tyagi, Adv. for R-3. Ms. Chitra Singh (GP), for R-4 & 5.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN

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Prathiba M. Singh, J. (Oral)

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This hearing has been done through hybrid mode.

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The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia , seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site i.e., on the Open Space, Madhya Marg, adjoining Booster Pump Boundary Wall, Tughlakabad Extn, Central Zone, Ward-S-82, New Delhi. (hereinafter, ‘the vending site’) .

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The case of the Petitioner is that he is a street vendor who has been vending from the said vending site for several years.

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.08.2026 18:04:11

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W.P.(C) 11991/2026

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Page 1 of 4

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The Petitioner has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No.7212923 under the category of ‘ Food snack with gas cylinder/fire’ for Central Zone, Ward-S-82, New Delhi.

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The photograph of Petitioner’s vend has been placed on record and the same is set out below:

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The case of the Petitioner is that he has been vending from the vending site using a small gas cylinder, however, he is being regularly harassed by the concerned officials of the Municipal Corporation of Delhi (hereinafter, ‘the MCD’) and the Delhi Police.

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Signature Not Verified Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.08.2026 18:04:11

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W.P.(C) 11991/2026

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Page 2 of 4

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The Court has considered the facts of this case. This Court is inclined to pass similar directions as have been passed in similar matters recently, wherein, vendors are vending under the category of ‘Food/Snack with gas cylinder/fire’ i.e., in W.P.(C) 15082/2025 titled ‘ Rajendra Singh v. Commissioner of Police and Ors.’ vide order dated 2^nd February, 2026, W.P.(C) 19391/2025 titled ‘Mohd Badruddin v. Municipal Corporation of Delhi & Ors.’ vide order dated 8th January, 2026 and in W.P. (C) 1609/2026 titled ‘ Rihana v. MCD & Ors.’ vide order dated 05^th February, 2026.

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In this background, to protect the livelihood of the Petitioner, the present petition is disposed of in the following terms:

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(i) The petitioner shall abide by the terms and conditions of the provisional CoV;

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(ii) The Petitioner shall be permitted to operate his vend, but shall use a gas cylinder which does not occupy too much space. It is made clear that only a small gas cylinder for heating of food and snacks shall be used by the Petitioner;

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(iii) The Petitioner shall restrict himself to a particular space which shall not in any manner cause obstruction to the movement of pedestrians or cause any traffic congestion to vehicular traffic on the roads;

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(iv) The Petitioner shall also be obliged to maintain cleanliness and hygiene around the vend, which he is working from and shall ensure the presence of a dustbin near the vend;

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(v) Subject to the above, Condition No.11 in the CoV shall not apply to the Petitioner. The Petitioner shall comply with all the other

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Signature Not Verified

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Digitally Signed By:DEEPAK SINGH Signing Da te:2 0.08.2026 18:04:11

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W.P.(C) 11991/2026

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Page 3 of 4

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conditions in the CoV;

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(vi) It shall be ensured that the Petitioner shall not create any thirdparty interest in this provisional CoV and there shall be a bar on subletting or any handing over possession to any third party;

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(vii) No permanent or temporary construction shall also be erected by the Petitioner.

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The above stated directions shall be subject to any plan which the Town Vending Committee–II may be coming up with in terms of Section 21 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and no vested rights shall be claimed.

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