Dharmender Kashyap v. Municipal Corporation Of Delhi And ORS

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14845/2025 & CM APPL. 61037/2025, 61038/2025 DHARMENDER KASHYAP .....Petitioner Through:

Ms. Shivani Verma, Ms. Mansi and Mr. Siddharth Sarup, Advs. for Mr.

Kamlesh Kr. Mishra, Adv.

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

Ms. Puja S. Kalra, Standing Counsel for MCD.

CORAM:

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

O R D E R

% 24.09.2025 W.P.(C) 14845/2025 1.

Heard.

2.

The Certificate of Vending ('COV') indicates that petitioner is permitted to use the gas cylinder in the course of vending activities. However, under Condition No. 11, the petitioner categorized as a mobile vendor, cannot stay at any specific location for more than 30 minutes. It is difficult to reconcile these two conditions.

3.

In such an eventuality, Condition No. 11 of the COV 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 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 26/09/2025 at 11:52:45

opportunity of hearing.

4.

Accordingly, the present petition stands disposed of. 5.

Pending applications, if any, are rendered infructuous. 6.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J SEPTEMBER 24, 2025/MK/zb 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 26/09/2025 at 11:52:45