Dismissed

Avdesh Kumar v. New-Delhi Muncipal Council

Delhi HC20 Aug 2026W.P.(C)/12181/2026

Case brief

AI extract

What is this about?

Petitioner, a street vendor, sought permission to participate in an NDMC survey for 'tehbazari' holders. The Court dismissed the plea, noting the previous survey was concluded and plans were being finalized. The petitioner was not in the specified categories for any current survey.

What did the court decide?

Petition dismissed; no relief granted as the survey concluded and petitioner not in specified categories.

Avdesh Kumar Vs New-Delhi Muncipal Council — Constitutional and Fundamental Rights | Delhi HC (2026)

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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010390762026

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- W.P.(C) 12181/2026

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AVDESH KUMAR .....Petitioner Through: Mr. N.K. Sahoo, Advocate.

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versus

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NEW-DELHI MUNCIPAL COUNCIL .....Respondent Through: Mr. Aditya Bharat Manubarwala, Addl Standing Counsel, NDMC with Ms. Tanishka Grover, Ms. Akriti Aditya Manubarwala, Ms. Shaila Arora and Ms. Charvi Virmani, Advocates for NDMC.

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(M) 9650612935

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Mr. Subodh Kumar Kaushik, CGSC with Mr. Keshav Pawar, Govt. Pleader, Ms. Akshi Vishnoi, Ms. Riya Sharma and Mr. Sahil Sindhawani, Advocates with SHO, PS-Cannaught Place.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN

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O R D E R

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% 20.08.2026

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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 permission to participate in the survey which is to be conducted by the New Delhi Municipal Council (hereinafter, ‘NDMC’) .

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The case of the Petitioner is that he is a street vendor, who has been

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Page 1 of 4

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W.P.(C) 12181/2026

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This is a digitally signed order.

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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 22/08/2026 at 10:47:27

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selling Puja Samagri and rendering Astrology services to the general public from his place of squatting within the compound of Hamuman Mandir, under Peepal Tree in front of Sani Mandir, BK Singh Marg, New Delhi.

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

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The caseof the Petitioner is that he did not participate in the survey which was already conducted by the NDMC last year, and the prayer is that he may be permitted to participate in the new survey which is now being

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W.P.(C) 12181/2026

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Page 2 of 4

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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 22/08/2026 at 10:47:27

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conducted for the tehbazari holders.

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Further, ld. Counsel for the Petitioner has also placed reliance upon the status report dated 25^th July, 2026 filed by the NDMC in W.P. (C) 8479/2023 titled ‘Chandni Chowk Sarv Vyapar Mandal & Ors. v. Govt. of NCT Delhi & Ors.’ , to contend that the NDMC has stated that the survey would be conducted on humanitarian grounds.

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The Court has heard Mr. N.K. Sahoo, ld. Counsel for the Petitioner, and Mr. Aditya Bharat Manubarwal, ld. Counsel for the NDMC. 8. Firstly, a perusal of the photograph on record would show that the Petitioner is claiming to be running a Puja Samagri vend and rendering Astrology services at BK Singh Marg.

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Secondly, the Petitioner has not participated in the survey which was conducted earlier. The said survey, which already stood concluded, cannot be reopened now as the elections for Town Vending Committee-II (hereinafter, ‘TVC-II’ ) have been conducted and the vending plan is in the process of finalisation.

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Further, the reliance on the status report dated 25^th July, 2026 is completely misplaced, inasmuch as the office Order dated 24^th July, 2026, issued by the NDMC, relates to a survey for Old Tehbazari holders, Thareja Committee-verified vendors and Kashmiri migrants.

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The Petitioner does not fall in any of the aforesaid categories. 12. Since the Petitioner has not participated in the survey already conducted, no relief can be granted at this stage. However, this would not in any manner affect the rights of the Petitioner to participate, in terms of Section 4(2) of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, in any future survey that takes place.

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W.P.(C) 12181/2026

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Page 3 of 4

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This is a digitally signed order.

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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 22/08/2026 at 10:47:27

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