SUNIL KUMAR GANDHI vs MUNICIPAL CORPORATION OF DELHI AND ORS

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st April, 2026 Uploaded on: 23rd April, 2026 + W.P.(C) 5325/2026 SUNIL KUMAR GANDHI .....Petitioner Through: Mr. Aditya, Mr. Vipin Kumar, Mr. Anjani Kumar Mishra, Mr. Kailash Kumar Jha, Ms. Pralika Chakraborty, Mr. Fareeduddin, Ms. Srejal Mishra, Advs. versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Ms. Vaishali Gupta and Ms Rashi Aggarwal, Advs. Ms. Shilpa Ohri, Additional Standing Counsel Mr. Jatin Teotia, SPC alongwith Mr. Prakhar Vashisth, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Mr. Sunil Kumar Gandhi under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondents to allow the Petitioner to peacefully vend from the vending site at the Open Space, opposite M-28, M-Block Market, Greater Kailash-1, South Zone, Ward-S-86, New Delhi. 3. The case of the Petitioner is that he is a street vendor, who has been vending tea and snack items from the said vending site, for several years. The Signature Not Verified Signed By:RENUKA W.P.(C) 5325/2026 Page 1 of 6 NEGI Signing Date:23.04.2026 19:52:13 Petitioner has been issued a provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No. 9450801 under the category of ‘Others’, for South Zone, Ward- S-86. 4. The photograph which has been filed by the Petitioner is set out below: 5. Ld. Counsel for the Municipal Corporation of Delhi (hereinafter, ‘ MCD’) submits that the Petitioner is vending adjacent to the entrance of the parking area in M-Block Market, Greater Kailash. It is further submitted that the Petitioner is not operating a mobile vend,