DARSHAN KUMAR v. MUNICIPAL CORPORATION OF DELHI & ORS.
W.P.(C)/8696/2026 · 2026-07-06
Prathiba M Singh, Vikas Mahajan
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11309 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11309 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8696/2026 DARSHAN KUMAR .....Petitioner Through: Mr. Abhishek Kumar, Advocate (M) 8851810353 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Ms Namrata Mukim, Standing Counsel MCD with Ms Niharika Singh, Advocate. (M) 9899106515 CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 06.07.2026
1. This hearing has been done through hybrid mode. CM APPL. 40681/2026
2. Allowed, subject to all just exceptions. Application stands disposed of. W.P.(C) 8696/2026
3. The present petition has been filed by the Petitioner-Mr. Darshan Kumar under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to issue the Certificate of Vending (hereinafter, ‘CoV’) to the Petitioner and allow the Petitioner to peacefully vend from the vending site i.e., Barat Ghar, Near Aggarwal Sweets, DDA Market, Majnu Ka Tilla, Aruna Nagar, Civil Lines, North Delhi, Delhi-110054 (hereinafter, ‘the vending site’). 4. The case of the Petitioner is that he has been vending from the vending site, since 1992. However, recently his vending activities are being disturbed by the concerned officials of the Municipal Corporation of Delhi (hereinafter, ‘MCD’) and the Delhi Police. 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 09/07/2026 at 11:01:04
5. Thus, the prayer in the present petition is for issuance of a CoV and that the Petitioner should be allowed to peacefully vend from the vending site. 6. Ms. Namrata Mukim, ld. Standing Counsel for the MCD submits that the survey in this area has been concluded in January, 2026 and that the elections of the Town Vending Committee (hereinafter, ‘TVC’) are also stated to be scheduled in August, 2026. Thus, it is her submission that at this stage, the Petitioner cannot seek to participate in any special survey. 7. Heard. A perusal of the record would show that certain challans from 2006, 2018, 2019, have been placed on record by the Petitioner. 8. However, the Petitioner ought to have participated in the survey which was conducted. Since the survey has already been concluded and the TVC is now at the verge of being formed, at this stage, the survey cannot be reopened, in this manner, for the Petitioner. 9.
If any future survey is conducted, Petitioner is permitted to participate in the same, in accordance with law. 10. After constitution of the TVC, Petitioner’s representation shall be considered by the TVC, in accordance with law. 11. The above is without prejudice to rights and contentions of either of the parties, this Court has not examined the merits and the genuinity of the challans which have been placed on record. 12. The present petition is disposed of in the above terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J.
VIKAS MAHAJAN, J. JULY 6, 2026/jg/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 09/07/2026 at 11:01:04