Awdhesh Kumar Bhagat v. Municipal Corporation Of Delhi And ORS

$~84 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AWDHESH KUMAR BHAGAT .....Petitioner Through:

Ms.

Pragya Jaishwal, Mr.

Ahsan Sanjar, Ms. Arpita Singh, Ms. Shivani Verma, Mr. Himanshu Digwal and Ms. Renu, Advocates for Mr. Kamlesh Kumar Mishra, Advocate.

versus MUNICIPAL CORPORATION OF DELHI AND ORS...Respondents Through:

Appearance not given.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 29.05.2025 1.

This hearing has been done through hybrid mode. CM APPL. 34771/2025 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 7874/2025 & CM APPL. 34772/2025 (for interim relief) 3.

The present petition has been filed by the Petitioner - Awdhesh Kumar Bhagat under Article 226 of the Constitution of India seeking to direct the Respondents to allow the to peacefully vend at his designated spot i.e., on the vacant place near pavement of service road, opposite of Kailash Colony Metro Gate No. 2, Bodofa Upendra Nath Brahma Road, Kailash Colony Mero Station, South Zone, Ward-S-86, New Delhi without any illegal interference and for other directions.

4.

The Petitioner is a vendor, who is stated to be having a vending spot at the above mentioned address. He has filed this petition praying that he may be allowed to peacefully vend in his vending spot. He has a Vending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Certificate URI No. 6261755.

5.

The grievance of the Petitioner is that the Respondent authorities are disturbing/obstructing his vending activities. Some of the relevant conditions of the vending certificate are as under :

"11.

Mobile vendors must not stay or conduct vending in a hawking/vending zone for more than 30 minutes or for a time determined by the TVC. The vendor must not stay or conduct vending in non-vending zones. 14.

The vendor must not construct or erect any permanent/temporary structure at the vending site. 16.

The vendor must comply with all the conditions mentioned in the Delhi Street Vendor Livelihood Protection and Street Vending Regulation Scheme, 2019, issued by the Government of Delhi."

6.

The Court has also seen the photographs of the vending site and the same are extracted below :

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

It is made clear that so long as the Petitioner does not put up any permanent structure and abides by the terms and conditions of the Certificate of Vending, he shall be allowed to peacefully vend. 8.

The petition is disposed of in these terms. Pending applications, if any, also stand disposed of.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MAY 29, 2025/nd/Ar.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.