Khublal Vs Shri Ashwani Kumar and Ors.

$~77, 87, 89, 90, 91

IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 273/2026 (77) MANOJ KUMAR .....Petitioner versus SHRI ASHWANI KUMAR AND ORS. .....Respondents + CONT.CAS(C) 274/2026 (87) BAJARANGI .....Petitioner versus SHRI SANJEEV KHIRWAR AND ORS. .....Respondents + CONT.CAS(C) 276/2026 (89) NEERAJ AGGARWAL .....Petitioner versus SHRI ASHWANI KUMAR AND ORS .....Respondents + CONT.CAS(C) 277/2026 (90) KHUBLAL .....Petitioner versus SHRI ASHWANI KUMAR AND ORS. .....Respondents + CONT.CAS(C) 278/2026 (91) VINDA DEVI .....Petitioner versus SHRI ASHWANI KUMAR AND ORS. .....Respondents Through: Presence :

Mr. Kamlesh Kumar Mishra, Ms. Swagata Gupta, Mr. Piyush Singh, Ms. Renu and Ms. Arthana, Advs. for petitioner in item nos.77, 87, 89, 90, 91.

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Ms. Puja S. Kalra, SC and Mr. Virender Singh, Adv., MCD in item nos.77, 857, 89 and 90.

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Mr. Raj Kumar Yadav and Ms. Preeti Gothwal, Advs. for R-4 to 6 in item no.90.

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Ms. Ritu Reniwal, Sr. PC in item no.89.

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Ms. Sangita Malhotra, SPC for R-4 in item no.90.

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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 23/02/2026 at 11:18:26

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Mr. M.S. Oberoi, SC and Ms. Anandita and Mr. Anil John, Advs. for MCD.

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA

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O R D E R % 18.02.2026

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CM APPL.11274/2026 (Exemption) in CONT.CAS(C) 274/2026

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CM APPL.11406/2026 ( for condonation of delay of 24 days in re-filing the petition) in CONT.CAS(C) 273/2026 CM APPL.11273/2026 ( for condonation of delay of 17 days in re-filing the petition) in CONT.CAS(C) 274/2026 CM APPL.11346/2026 ( for condonation of delay of 24 days in re-filing the petition) in CONT.CAS© 276/2026

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For the reasons stated in the applications, the same are allowed; accordingly, the delay in re-filing the respective petitions stands condoned.

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The applications stand disposed of. CONT.CAS(C) 273/2026 and CM APPL.11203/2026 CONT.CAS(C) 274/2026 and CM APPL.11272/2026 CONT.CAS(C) 276/2026 and CM APPL.11345/2026 CONT.CAS(C) 277/2026 and CM APPL.11347/2026 CONT.CAS(C) 278/2026 and CM APPL.11348/2026

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The present petitions allege wilful obedience of the directions contained in the judgment / order dated 26.04.2023 passed in W.P.(C) 5059/2023.

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It is noticed that in an identical conspectus, CONT. CAS(C) 119/2026 was previously filed alleging wilful disobedience of the same judgment / order dated 26.04.2023 passed in W.P.(C) 5059/2023. This Court passed the following order therein:

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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 23/02/2026 at 11:18:26

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“ 1. The present petition alleges wilful disobedience / non-compliance with the directions contained in the judgment / order 26.04.2023, passed in W.P.(C) 5059/2023. The operative directions therein are as under:

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“In view of the foregoing, learned counsel appearing on behalf of the petitioners, limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit the above-mentioned petitioners to continue to vend within City-SP Zone, Ward-84-N, strictly in compliance with the terms and conditions of the said certificate of vending and in accordance with law. In view of the foregoing, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit the above-mentioned petitioners to vend within City-SP Zone, Ward84-N, subject to the terms and conditions of the said certificate of vending dated 07.11.2021 without let or hindrance. Needless to state that the petitioners will be at liberty to articulate the difficulties faced by him, before the appropriate authorities, in accordance with law, in relation to the certificate of vending, insofar as it employs the expression ‘Others’.

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No further directions are prayed for.

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With the above directions, the writ petition is disposed of accordingly. Pending application(s), if any, also stand disposed of.

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2. Learned counsel for the respondents, who appears on advance notice, submits that the respondents are complying with the aforesaid directions. It is further submitted that there is no impediment to the petitioner continuing its vending activities strictly in accordance with the certificate of vending issued in his favour. However, it is submitted that no relaxation can be made with the terms and contentions set out in the certificate of vending. It is reiterated that in case the petitioner faces any difficulty, the same can be articulated before the appropriate authority.

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3. In view of the aforesaid, no further orders are required to be passed in the present petition. It shall be open to the petitioner to articulate grievance/s, if any before the appropriate authority, as contemplated under the judgment / order dated 26.04.2023.

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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 23/02/2026 at 11:18:26

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4. The petition is disposed of in the above terms. Pending application also stands disposed of. ”

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Today again, learned counsel for the concerned respondent/s reiterates that there is no impediment to the petitioners continuing their vending activities strictly in accordance with the certificate of vending issued in their favour. However, it is submitted that no relaxation can be made with the terms and conditions set out in the certificate of vending. It is reiterated that in case the petitioners face any difficulty, the same may be articulated before the appropriate authority or by way of substantive legal proceedings.

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The aforesaid statement of learned counsel for the respondent/s is taken on record.

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No further orders are required to be passed in the present petition. 10. It is made clear that the respondent/s shall not unnecessarily harass the petitioners or pose impediments to the petitioners carrying out their vending activities in accordance with the terms and conditions set out in the certificate of vending.

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The petitions are disposed of in the above terms.

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SACHIN DATTA, J

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FEBRUARY 18, 2026/ cl

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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 23/02/2026 at 11:18:26

Khublal v. Shri Ashwani Kumar and Ors.

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Khublal v. Shri Ashwani Kumar and Ors.

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