BHAGWAN DAS SAINI vs GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12th February, 2026 Uploaded on: 13th February, 2026 + W.P.(C) 15701/2025 & CM APPL. 8521/2026 BHAGWAN DAS SAINI .....Petitioner Through: Ms. Saumya Tandon and Mr. Gaurav Singh Sengar, Advs. versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS. .....Respondents Through: Mr. Rohit Kathuria, Mr. Harshit Sharma and Mr. Anil Makkad, Advs. Ms. Vaishali Gupta & Ms. Urvi Mohan, Advs. for GNCTD. SI Ankur Sharma for R3. 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 under Article 226 of the Constitution of India by the Petitioner- Bhagwan Das Saini, who was running a tea stall in Rohini, Delhi, inter alia, seeking issuance of the Certificate of Vending (hereinafter ‘COV’) to the Petitioner and for declaring that the demolition of his tea stall by the Respondents was illegal and arbitrary. The Petitioner also prays for an alternative site for vending and putting up his tea stall. The reliefs prayed for in this petition are set out below: “a) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Signature Not Verified Signed By:RENUKA W.P.(C) 15701/2025 Page 1 of 10 NEGI Signing Date:13.02.2026 17:16:52 Respondents to issue certificate of vending; b) Declare that the demolition of the Petitioner’s tea stall was illegal, and arbitrary c) Direct the Respondents to rehabilitate the Petitioner at the same site or in an alternative designated vending zone” 3. The case of the Petitioner is that he had obtained Food Safety and Standards Authority of India (hereinafter, ‘FSSAI’) registration bearing no. 23320001001253 for opening a tea stall in the year 2016