Bablu Kumar v. Municipal Corporation Of Delhi And ORS

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14399/2025 & CM APPL. 59094/2025, CM APPL. 59095/2025 BABLU KUMAR .....Petitioners Through:

Ms. Renu, Ms. Swagata Gupta, Ms.

Pragya Jaishwal and Mr. Kamlesh Kr.

Mishra, Advs.

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

Ms. Puja S. Kalra, SC with Mr.

Virender Singh and Mr. Sanjay Beniwal, Advs. for MCD.

Mr. Ravi Kant Srivastava, SPC with Mr.

Robert Laishram and Mr.

Bhupender, Advs. for R-3 & 4.

Ms. Beenashaw N. Soni, SC for MCD with Ms. Ann Joseph, Adv. for MCD.

Inspector Karmveer Singh, PSKalkaji.

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 17.09.2025

1. Ms. Puja S. Kalra, learned counsel appearing for respondent-1/MCD states that respondents are bound by the Division Bench judgment dated 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 24/09/2025 at 12:20:32

21st July 2023 in W.P.(C) 7705/2023 titled as "VIRPAL AND ORS Vs. MUNICIPAL CORPORATION OF DELHI AND ORS" and that the respondents have never relocated the petitioner.

2. We accept the said statement on record.

3. Needless to clarify that in consequences of the above, petitioner shall be entitled to vend in accordance with terms and conditions of Certificate of Vending ('COV') in South Zone, Ward S-86.

4. We further make it clear that since the COV issued in favour of petitioner contains the nature of vending to be snacks with gas cylinder/fire, the petitioner cannot be made to vend in a mobile manner.

5. In such an eventuality, Condition No.11 of the Vending Certificate has to be held to be directory and not mandatory qua the petitioner. However, we are equally sensitive to the nature of vending certificate being provisional and we make it clear that it shall always be open for the respondents to issue final vending certificate, if so required, by modifying the said condition after giving an opportunity of hearing.

6. Accordingly, we dispose of the present petition in above terms.

7. Pending applications also stand disposed of. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J SEPTEMBER 17, 2025/sky/ss 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 24/09/2025 at 12:20:32