Rupesh Gupta v. Municipal Corporation of Delhi and Ors

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th August, 2026 Uploaded on: 27th August, 2026 # CNR No. DLHC010402772026 + RUPESH GUPTA .....Petitioner Through: Mr. Vipin Kumar, Mr. Aditya, Mr. Anjani Kr. Mishra, Ms. Pralika Chakraborty, Mr. Fareeuddin and Mr. Srejal Mishra, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. ....Respondents Through: Ms. Meherunnisa A. Jaitley, Mr. Aryan Tyagi and Mr. Jaskeerat Singh Advs. for R1 and R2. Ms. Vaishali Gupta, Panel Counsel (Civil) GNCTD with Ms. Rashi Aggarwal, Advocate for R3. Mr. Ajay Kumar, SPC with Mr. Shivam Sharma, Advocate/GP for R4 and R5. Ms Kadambini Sharma, CGSC with Ms. Shweta Shandilya, GP for R4 & R5. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN Prathiba M. Singh, J. (Oral)

¶1This hearing has been done through hybrid mode.

¶2The present petition has been filed by the Petitioner 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 i.e., on the Open Space, Opposite TA-1, Jagdamba Road, Tuglakabad, Central Zone, Ward-S-82, New Delhi.

¶3The Petitioner also seeks directions to the Respondents to change the category of the Petitioner in the provisional Certificate of Vending (hereinafter, 'CoV').

¶4The case of the Petitioner is that he is a street vendor, who has been vending from the vending site for several years.

¶5He has been issued a provisional CoV bearing URI No. 7905597 under the category of "Others" for Central Zone, Ward S-82.

¶6The case of the Petitioner is that he wishes to be permitted to operate as a stationary vendor, and not as a mobile vendor. In this regard, reliance is placed upon order dated 16th April, 2026 in W.P.(C) 5053/2026 titled 'Sheetal Gupta v. Municipal Corporation of Delhi and Ors.'

¶7The photograph of the vending cart of the Petitioner is set out below:

¶8The Court has considered the matter. The Petitioner has been issued a provisional CoV in the category of 'Others'. The provisional CoV has been issued to the Petitioner with several terms and conditions, which are as under:

¶9Accordingly, the Petitioner is bound to abide by the terms and conditions, set out above.

¶10In addition, the Petitioner has to operate as a mobile vendor in Central Zone Ward-S-82, Delhi and not restrict himself to a particular space.

¶11Insofar as the change of category is concerned, the same shall be considered by Town Vending Committee-II, upon being constituted, within a period of three months.

¶12Petition is disposed of in these terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE AUGUST 25, 2026 aj/sm