Kishan Gupta Vs Municipal Corporation of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2026)

Kishan Gupta Vs Municipal Corporation of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Directions originally sought were not granted. Conditional assurance given: subject to strict adherence to the provisional CoV terms (vend without gas cylinder), MCD and Delhi Police shall not disturb the Petitioner's vending; liberty to obtain an electrical connection for the coffee machine if permissible.

Issue for consideration

Whether directions should be issued to the Respondents (MCD and Delhi Police) to allow the Petitioner to peacefully vend from the vending site opposite Booster Pump, Madhyamarg Chowk, Tughlakabad Extension. +1 more

Court's answer

The directions sought by the Petitioner cannot be granted.

Ratio / Principle

The Petitioner cannot use a gas cylinder and has to adhere to the terms and conditions of the provisional Certificate of Vending ('Food Snacks without gas cylinder/fire').

Key takeaways

The only direction passed is that the Petitioner shall strictly abide by the terms and conditions of the provisional CoV and shall vend without a gas cylinder; he is at liberty to obtain an electrical connection to run his coffee machine, if so permissible.ratio¶¶22
Subject to the Petitioner adhering to the terms and conditions of the provisional COV, the concerned officials of the MCD and Delhi Police shall not disturb him from vending his wares.ratio¶¶23

Detailed headnote1 paragraphs

Delhi High Court (Justice Prathiba M. Singh and Justice Madhu Jain), W.P.(C) 5958/2026, order dated 30.04.2026: Street vendor Kishan Gupta, holding a provisional Certificate of Vending (URI No. 5955074) in the category 'Food Snacks without gas cylinder/fire' for Central Zone, Ward S-82, filed an Article 226 petition seeking directions to be allowed to peacefully vend from his site opposite Booster Pump, Madhyamarg Chowk, Tughlakabad Extension, alleging that MCD and Delhi Police officials were not allowing him to vend. The Court noted that although the provisional CoV was for food snacks without gas cylinder/fire, the vendor had switched from an electrical connection to a gas cylinder, and held that he cannot use a gas cylinder and must adhere to the CoV terms. The directions sought were accordingly refused; the Court directed the vendor to strictly abide by the provisional CoV and vend without a gas cylinder, while leaving him at liberty to obtain an electrical connection for his coffee machine if permissible. Subject to such adherence, MCD and Delhi Police shall not disturb his vending. Petition and pending applications disposed of on these terms.

$~50

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 5958/2026

KISHAN GUPTA .....Petitioner Through: Mr. Aditya, Mr. Vipin Kumar, Mr. Anjani kr. Mishra, Mr. Kailash kr. Jha, Ms. Pralika Chakraborty, Mr. Fareeduddin & Ms. Srejal Mishra, Advs. (M:8699723746)

versus

MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr. Prasanta Varma, SCGC, U.O.I, along with Mrs. Prativarani Varma,, Mr. Rajat Choudhary & Mr. Rajender Nath Sharma, Advs.

SI Laukesh Kumar, PS Govind Puri. Ms. Pooja S, Kalra, Adv. for MCD.

CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 30.04.2026

This hearing has been done through hybrid mode.

The present petition has been filed by the Petitioner-Mr. Kishan Gupta 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, opposite Booster pump, Madhyamarg Chowk, Tughlakabad extension, Central Zone, Ward S-82, New Delhi (hereinafter, ‘vending site’) .

The case of the Petitioner is that he is a street vendor who has been running a tea stall with food items from the vending site, for several years.

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 04/05/2026 at 12:42:14

The Petitioner has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No.5955074 under the category of ‘Food Snacks without gas cylinder/fire’ for Central Zone, Ward S-82.

However, the grievance of the Petitioner in the present petition is that the concerned officials of the Municipal Corporation of Delhi ( hereinafter, ‘MCD’) and Delhi Police are not allowing the Petitioner to peacefully vend at the vending site.

The photograph of Petitioner’s vend is also placed on record and is set out below:

Mr. Aditya, ld. Counsel for the Petitioner submits that earlier the Petitioner was using an electrical connection, however, now he is using a cylinder.

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 04/05/2026 at 12:42:14

The Court has considered the matter. A perusal of the provisional CoV of the Petitioner would show that the same is under the category of ‘Food Snacks without gas cylinder/fire’ . The photograph placed on record would show that the Petitioner is using a gas cylinder. Clearly, the Petitioner cannot use a gas cylinder and has to adhere to the terms and conditions of the Provisional CoV.

Under these circumstances, the directions sought by the Petitioner cannot be granted. The only direction that the Court is inclined to pass is that the Petitioner shall strictly abide by the terms and conditions of the provisional CoV and shall vend without a gas cylinder. However, the Petitioner is at liberty to obtain an electrical connection, in order to run his coffee machine, if so permissible.

Subject to the Petitioner adhering to the terms and conditions of the provisional COV, he shall not be disturbed by the concerned officials of the MCD and Delhi police from vending his wares. 10. The petition is disposed of in these terms. Pending applications, if any, are also disposed of.

PRATHIBA M. SINGH, J.

MADHU JAIN, J.

APRIL 30, 2026 dj/sm

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 04/05/2026 at 12:42:14