Rajnesh Rathore And ORS. v. Municipal Corporation Of Delhi And ORS.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19185/2025 RAJNESH RATHORE AND ORS.

.....Petitioners Through:

Mr. Sanjay Baniwal, Ms. Manisha and Mr. R.K. Seewal, Advs.

versus MUNICIPAL CORPORATION OF DELHI AND ORS.

.....Respondents Through:

Ms.

Namrata Mukim, Standing Counsel for MCD with Mr. Sanjay Kumar, AO, CNZ, MCD.

Mr. Vikram Singh Dalal, SPC and Mr. Mrityunja Mahendra, GP with Mr. Pankaj Kumar, Adv. for R-2 & 3.

CORAM:

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

O R D E R

% 19.12.2025 1.

The learned counsel for the petitioner states that the prayer clause I is not pressed. That being so, the petition stands disposed of to the extent of prayer clause I.

2.

As regards the prayer clause II is concerned, the learned counsel for the respondent states that if the petitioners approach the respondent by tomorrow, i.e., 20th December 2025, at 11:00 AM, the competent authority shall deal with the request of petitioners for release of the goods in accordance with the provisions of the Street Vendors (Protection of 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 22/12/2025 at 13:14:58

Livelihood and Regulation of Street Vending) Act, 2014. 3.

The learned counsel for the petitioners states that all the petitioners shall report to the enforcement authority tomorrow, i.e., 20th December 2025, at 11:00 AM, for release of the goods.

4.

The respondent accordingly may pass appropriate orders within a period of 24 hours.

5.

Having regard to the grounds raised in the petition, such petitioners who are holding vending certificate for food/snacks with gas cylinder/fire cannot be termed as mobile vendors, and condition no.11 to that effect in the vending certificate, in case, if the vending activities are permitted with the use of gas cylinder/fire, stands absolved.

6.

In that view of the matter, the petitioners with Certificate of Vending ('COV') having condition use of gas cylinder/fire cannot be termed as the mobile vendors.

7.

We further make it clear that, as far as condition no. 11 is concerned, it is always open for the respondents to take out independent proceedings for modification of the said clause regarding the vending activity, viz. the use of gas cylinder/fire.

8.

As such with the above observations and clarifications, the petition stands disposed of.

9.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J DECEMBER 19, 2025/sky/as 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 22/12/2025 at 13:14:58