W.P.(C) 19719/2025 $~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19719/2025 & CM APPL. 82341/2025, CM APPL. 82342/2025 VINOD KUMAR .....Petitioner Through: Ms. Shivani Verma & Ms. Mansi, Adv. versus MUNICIPAL CORPORATION OF DELHI ND ORS .....Respondents Through: Ms. Vaishali Gupta, Panel Counsel (Civil) / GNCTD, Adv. Ms. Beenashaw N. Soni (Standing Counsel, MCD) with Ms. Mansi Jain, Adv. Mr. Devrat Yadav, SPC with Mr. Kartik Sharma, G.P. for UOI. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN O R D E R % 07.05.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, seeking inter alia that clause 11 of the terms and conditions of his Certificate of Vending ought not to apply to him. 3. The Petitioner is holding a Certificate of Vending bearing URI:8994828 (hereinafter ‘CoV’) under the category ‘Food/Snack with gas cylinder/fire’ and is vending at South Zone, Ward- S- 73. 4. It is seen that there are several photographs which have been placed on record to show that the Petitioner has made pakka construction in respect of his vend. Moreover, certain photographs have also been produced before the 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 11/05/2026 at 13:14:54 W.P.(C) 19719/2025 Court today which would show that the entire area is being maintained in a completely unhygienic manner. 5. In terms of the conditions of his CoV, the Petitioner is obviously not permitted to make any pakka construction or even temporary constructions with shutters, etc. in the manner in which it has been done. 6. In the photographs which have been filed by the Petitioner and by the Municipal Corporation of Delhi, there remains no doubt that there is pakka construction. 7. In the opinion of this Court, the Petitioner is under a duty to abide by the terms and conditions of the CoV. It is also noted that even earlier, in W.P.(C) 12296/2023 titled Vinod Kumar v. MCD & Ors. the ld. Division Bench of this Court had, on 19th September, 2023, recorded as under: “8. In view of the foregoing, learned counsel appearing on behalf of the petitioner, categorically limits the relief in the present writ petition, to a direction to the Municipal Corporation of Delhi, to permit Vinod Kumar, to continue to vend within South Zone, Ward-S- 73, strictly and scrupulously in compliance with the terms and conditions of the said certificate of vending, particularly Clause no. 11, and in accordance with law. 9. In view of the above, the present writ petition is partly allowed; and the Municipal Corporation of Delhi is directed to permit Vinod Kumar, the petitioner herein, to vend within South Zone, Ward-S-73, subject to the terms and conditions of the aforementioned certificate of vending dated 06.11.2021, without any let or hindrance.” 8. This is the second writ petition filed by the Petitioner, where it becomes clear that the Petitioner is not abiding by the conditions of his CoV. 9. In the opinion of this Court, the present writ would, therefore, not be 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 11/05/2026 at 13:14:54 W.P.(C) 19719/2025 maintainable. 10. The Respondents are free to take action in accordance with law. 11. The Petitioner would be permitted to vend only if he strictly abides by the terms and conditions of the CoV. 12. The present petition is disposed of in these terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J MADHU JAIN, J MAY 7, 2026 Rahul/ss 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 11/05/2026 at 13:14:54