YOGENDER KUMAR v. GOVT, OF NCT OF DELHI AND OTHERS
W.P.(C)/10058/2026 · 2026-07-23
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 13121 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13121 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 10058/2026 $~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10058/2026 & CM APPL. 46808/2026 YOGENDER KUMAR .....Petitioner Through: Mr. Durgesh Gupta & Mr. Sahil Singh, Advocates. versus GOVT, OF NCT OF DELHI AND OTHERS .....Respondents Through: Mr. Pramod Kumar, Panel Counsel for R-1 with Mr. Sujeet Kumar Yadav, Advocate for GNCTD. Mr. Rakesh Malhotra, Mr. Bharat Malhotra & Ms. Gayatri Bhatia, Advocates for MCD. CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 23.07.2026
1. The petitioner has filed the present petition under Article 226 of the Constitution for a direction upon the respondent-MCD to de-seal shop no. 1857, Gopal Gaushala, Hanuman Mandir, Jamuna Bazar, Delhi-110006 (‘subject shop’), which was sealed under an order dated 4th August, 2017. 2. Earlier, one Mr. Rahul Gorey, the brother of the petitioner had filed W.P.(C) 3262/2022 before this Court, which was disposed of vide order dated 1st April, 2026 noting that the license was issued in the name of Yogender Kumar, the petitioner herein and therefore, only the said Yogender Kumar can apply for de-sealing of the subject shop. 3. The contention of the respondent-MCD is that the petitioner was 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 25/07/2026 at 12:02:49
W.P.(C) 10058/2026 operating an eatery at the subject shop in unsanitary and unhygienic conditions, and without obtaining a Health Trade License. 4. The petitioner has relied upon a Health Trade License issued by MCD in the year 2023. That license, admittedly, expired on 31st March, 2026, and the petitioner has no Health Trade License thereafter. 5. Mr. Durgesh Gupta, counsel for the petitioner, undertakes before the Court that if the property is de-sealed, it will not be used without obtaining a Health Trade License from the MCD, in accordance with law. 6. In view thereof, the writ petition, is disposed of by directing MCD to de-seal the subject shop, subject to the petitioner filing an undertaking before this Court, with a copy to MCD, that the subject shop will not be used for any purpose without obtaining the requisite license from MCD, as may be required. 7.
It is made clear that any violation of this undertaking will amount to contempt of Court. 8. If the petitioner makes an application for obtaining a Health Trade License, MCD will process it in accordance with law, and after complying with all the statutory formalities. AMIT BANSAL, J JULY 23, 2026 ds 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 25/07/2026 at 12:02:49