W.P.(C) 2846/2026 $~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2846/2026 KAMLESH .....Petitioner Through: Mr. Sudhir Kumar Ojha, Adv. versus MUNICIPAL CORPORATION OF DELHI AND ANOTHER .....Respondents Through: Ms. Namrata Mukim, SC (MCD) with Ms. Niharika Singh and Ms. Sakshi Saxena, Advs. for MCD. Mr. Sandeep Tyagi, SPC (UOI). CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN O R D E R % 27.02.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner-Mrs. Kamlesh under Articles 226 and 227 of the Constitution of India, inter alia, seeking directions to the Respondents to restore Petitioner’s patra tehbazari shop situated beside Omaxe Mall, Bapu Market, Chandni Chowk, Delhi (hereinafter, ‘patra shop’) 3. The case of the Petitioner is that she has been running her patra shop in Chandni Chowk area since 2007. According to her, during COVID-19 the business activities were stopped and consequently her patra shop was also closed. Thereafter, when the market opened, she was not allowed to run her patra shop by the concerned officials of the Municipal Corporation of Delhi 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 10/03/2026 at 11:00:29 W.P.(C) 2846/2026 (hereinafter, ‘MCD’). 4. Pursuant thereto, due to certain family disputes with her son, she was also displaced from her home. Thus, the grievance of the Petitioner is that the concerned officials of the MCD and police are not restoring the patra shop of the Petitioner, which is her source of livelihood. 5. Ld. Counsel for the Petitioner submits that the Petitioner has already deposited the processing fee to the MCD for participating in the survey and accordingly it is contended that she may be permitted to vend from her patra shop. 6. Ms. Namrata Mukim, ld. Standing Counsel appearing for the MCD submits that the Chandni Chowk area has already been surveyed and the Petitioner has not participated in the survey. 7. The Court has heard the ld. Counsels for the parties and perused the records. There is no picture on record showing that the Petitioner was operating any patra shop. Moreover, it is stated that the Petitioner was operating the patra shop prior to COVID-19, however, six years have passed and she has not been operating the same. 8. Additionally, the document placed on record by the Petitioner is the processing fee receipt and letter of recommendation dated 22nd December, 2020 issued by the Ministry of Housing and Urban Affairs under the PM Street Vendor’s Atma Nirbhar Nidhi Scheme. However, the letter of recommendation cannot be relied on as it does not confer rights of vending to the Petitioner. 9. This Court in W.P.(C) 4544/2025 titled ‘Mohammed Samjad and Ors. v. Municipal Corporation of Delhi and Ors.’ has held that the Letter of Recommendation issued by the Ministry of Housing and Urban Affairs does 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 10/03/2026 at 11:00:29 W.P.(C) 2846/2026 not confer rights to vend. The relevant portion of the order dated 29th October, 2025 in Mohammed Samjad (Supra) is as under: “[...] 6. The submission made on behalf of the Petitioners is that some of the Petitioners ought to be recognised as stationary vendors and not mobile vendors in view of the LoR (letter of recommendation) given by the Ministry of Housing and Urban Development. On the last date, the ld. Counsel for the UOI was directed to seek instructions. 7. Ms. Neha Rastogi, ld. Counsel for the Ministry of Housing and Urban Affairs has placed on record a letter dated 9th October, 2025 wherein it has been clarified as under: “I am directed to refer to your mail dated 06/10/2025 on the above-mentioned subject seeking clarification whether a Letter of Recommendation (LOR) issued to an individual or vendor by the Ministry of Housing and Urban Affairs under the PM SVA Nidhi Scheme confers the authority for the individual to obtain a Certificate of Vending (COV) under Section 4 of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. 2 In this regard, it is submitted that applications for issuance of the Letter of Recommendation (LoR) are received on the PMS Portal, which has been developed by the Small Industries Development Bank of India (SIDBI) for the Ministry of Housing and Urban Affairs (MoHUA). It is clarified that the verification of applicant details and issuance of the LoR are carried out exclusively by the concerned Urban Local Body (ULB). The LoR serves the specific purpose of enabling eligible street vendors to avail loans under the PM SVANidhi Scheme. 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 10/03/2026 at 11:00:29 W.P.(C) 2846/2026 3. It is further submitted that the survey of street vendors and issuance of the Certificate of Vending (CoV) is undertaken by the respective ULBs in accordance with the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and the rules & schemes notified by the concerned State/UT Governments. 4. In view of the above, it is submitted that the Ministry of Housing and Urban Affairs has no role in the verification or issuance of the Letter of Recommendation. Accordingly, it is requested to get the name of the Ministry of Housing and Urban Affairs removed from the array of respondents in the present matter” 8. As per the above letter, the letter given by the Ministry is only to enable street vendors to avail loans etc., and is not meant to change the status of vendors in terms of the Street Vendors Act. In view of the above letter, the letter of recommendation given by the Ministry would not change the status of the Petitioner. The status of the Petitioner would be determinable only in terms of the Certificate of Vending. Hence, no further modification is called for in the order dated 9th April, 2025. 9. The application is disposed of in the above terms.” 10. Under these circumstances, the present petition is devoid of any merit. 11. If there are any other documents that the Petitioner seeks to rely upon, the Petitioner is at liberty to approach the Assistant Commissioner of the concerned Zone of MCD in this regard. If any fresh documents are filed which show that the Petitioner has any rights, the same shall be processed in accordance with law. 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 10/03/2026 at 11:00:29 W.P.(C) 2846/2026 12. The present petition is disposed of in these terms. Pending applications, if any are also disposed of. PRATHIBA M. SINGH, J. MADHU JAIN, J. FEBRUARY 27, 2026 Prg/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 10/03/2026 at 11:00:29