Nirotam And ORS v. Municipal Corporation Of Delhi And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16520/2025 & CM APPL. 67694/2025 NIROTAM AND ORS .....Petitioners Through:

Mr. Kamlesh Kumar Mishra, Mr.

Swagata Gupta, Mr. Nitin Nayak and Ms. Renu, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through:

Ms. Puja S. Kalra, Advocate for RMCD Mr. Syed Hussain Adil Taqvi, SPC with Ms.

Vaishnavi Gaur, Mr.

Waseem, Advs. for R/Delhi Police

CORAM:

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

O R D E R

% 10.11.2025 1.

All the petitioners have a vending license wherein they are permitted to vend food/snacks with gas cylinder/fire.

2.

It is the case of the petitioner that inspite of the category of vending for which the vending certificate is issued, the petitioners are asked to be mobile and action is threatened, to be inferred from para 7 of the pleadings. 3.

As against above, the counsel appearing for the respondent/MCD informs that MCD has not taken any action, whereas counsel appearing for the Delhi Police informs that he needs time to take instructions in the matter. 4.

However, considering the nature of vending that is permitted under 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 12/11/2025 at 12:44:49

the vending licence, we deem it appropriate to declare that since the petitioners are permitted to vend food/snacks with gas cylinder/fire, they cannot be termed as a 'mobile vendor'.

5.

Counsel appearing for the MCD submits that the area is quite congested and as such if required the petitioner may permitted to be relocated in accordance with the provisions of the Act and the rules framed thereunder.

6.

We have not stopped the respondents from taking any such action against the petitioners in case if the petitioners are acting contrary to the certificate of vending, if they intend to do so in accordance with law. 7.

With above observations, the petition stands disposed of. 8.

Pending application also stands disposed of accordingly. 9.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J NOVEMBER 10, 2025/pr/st 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 12/11/2025 at 12:44:49