Mahipal Singh vs Municipal Corporation Of Delhi And Ors

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 4 November, 2026
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Uploaded on: 6 November, 2026

# CNR No. DLHC010397652026
+ W.P.(C) 12340/2026
MAHIPAL SINGH .....Petitioner
Through: Mr. Aditya, Advocate

versus

MUNICIPAL CORPORATION OF DELHI
AND ORS .....Respondents
Through: Ms. Shilpa Ohri, Additional Standing
Counsel for MCD
Ms. Vaishali Gupta, Panel Counsel,
(Civil), GNCTD and Mr. Akhil Yadav,
Advocate for R-3
Mr. Shashi Pratap Singh, Ms. Shagun
Sabharwal, Advocates for DDA

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 76999/2026 (early hearing)
2. This is an application filed by the Petitioner for seeking early hearing
of CM APPL. 70543/2026.
3. For the reasons mentioned therein, the application bearing CM APPL.
70543/2026 is taken up for hearing today. CM APPL. 76999/2026 is disposed
Signature Not Verified
W.P.(C) 12340/2026 Page 1 of 4

Signed By:DHIRENDER
KUMAR
Signing
Date:06.11.2026 17:07

of.
CM APPL. 70543/2026 (for release of seized goods and articles)
4. This petition was filed by the Petitioner inter alia , seeking directions to
the Respondents to allow him to peacefully vend from the vending site on the
Footpath/Open Space opposite Vishwa Sadan Building, near Satyam Cinema,
District Center, Janakpuri, West Zone, Ward-S-15, New Delhi (hereinafter,
‘the vending site’).
5. The case of the Petitioner in this case is that he is a street vendor who
has been vending from the said vending site for several years and holds a
provisional Certificate of Vending (hereinafter, ‘CoV’) bearing URI No.
2337592 under the category of ‘Food snack with gas cylinder/fire’ for West
Zone, Ward-S-15, New Delhi.
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6. On 24 August, 2026, the Court had heard ld. Counsel for the
Petitioner, as also the ld. Counsel for MCD and had disposed of this petition.
7. CM APPL. 70543/2026 has been filed by the Petitioner seeking release
of his goods which were seized from his vend by the MCD officials on 2nd
July, 2026.
8. This Court had, while disposing of the instant petition vide order dated
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24 August, 2026, observed as under:-
14. Under these circumstances, the Court is not
inclined to interfere with the removal of the cart or the
imposition of the fine upon the Petitioner. However,
since the Petitioner is in possession of a provisional
CoV, he is permitted to vend strictly in accordance with
the terms and conditions stipulated therein, within the
West Zone, Ward S-15.

9. As clear from the above, the Court was not inclined to interfere in the
Signature Not Verified
W.P.(C) 12340/2026 Page 2 of 4

Signed By:DHIRENDER
KUMAR
Signing
Date:06.11.2026 17:07

removal of the cart or the imposition of the fine upon the Petitioner.
10. Ld. Counsel for the MCD submits that the counter top which has been
seized from the Petitioner would be returned upon payment of imposed fine.
It is also submitted that the Petitioner was operating a juice cart in an
unauthorized manner.
11. Accordingly, it is directed that all the goods of the Petitioner seized by
the Respondent-MCD shall be released to the Petitioner after the payment of
applicable fine.
12. It is also noticed that any seizure memo, if issued by the MCD to the
Petitioner, has not been brought before this Court. The respondent-MCD is
cautioned once again that whenever the goods are seized, seizure memo has
to be given to the concerned party from whom the seizure of goods has been
made.
13. In this regard, it is submitted on behalf of the MCD that this action is
being taken under Section 322 of the Delhi Municipal Corporation Act, 1957,
as the final Certificate of Vending is yet to be issued to the Petitioner by the
TVC-II.
14. Be that as it may, this Court in W.P. (C) 10490/2026, titled ‘Rehri Patri
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Ekta Manch vs Govt. of NCT of Delhi Ors.’ , vide order dated 10
September, 2026 already directed that whenever seizures are made, seizure
memos ought to be issued. The said directions are set out below:-

12. Accordingly, considering the difficulties
expressed by the authorities that if seizure memos
are prepared on spot, other vendors who are in the
area tend to escape action, the MCD and NDMC
are permitted to issue seizure memos, in
accordance with law within an outer limit of 24
Signature Not Verified
W.P.(C) 12340/2026 Page 3 of 4

Signed By:DHIRENDER
KUMAR
Signing
Date:06.11.2026 17:07

hours from the seizure.

13. The seizure memos shall mention the date of
seizure, the list of goods seized, shelf numbers - if
any, penalty/fine if any to be paid and shall bear
the name, signature and designation of the
concerned officer.

15. In view of the above, let all the seized goods be released to the
Petitioner immediately after payment of applicable penalty by the Petitioner.
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16. The application is disposed of in the above terms. Next date of 27
November, 2026 stands cancelled.


PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE
NOVEMBER 4, 2026
‘ rs’/ss


Signature Not Verified
W.P.(C) 12340/2026 Page 4 of 4

Signed By:DHIRENDER
KUMAR
Signing
Date:06.11.2026 17:07