Provisional certificate holders must operate as mobile vendors and cannot restrict vending to a fixed space.

The Petitioner claimed to be a street vendor operating for several years at the open space opposite TA-1, Jagdamba Road, Tuglakabad, Central Zone, Ward S-82, New Delhi.

He was issued a provisional Certificate of Vending (“CoV”) bearing URI No. 7905597 under the category “Others” for Central Zone, Ward S-82.

He sought permission to operate as a stationary vendor from the specified site, rather than as a mobile vendor, and also sought alteration of his category in the provisional CoV.

The Petitioner relied on the Delhi High Court’s order dated 16 April 2026 in Sheetal Gupta v. Municipal Corporation of Delhi & Ors.

1. Whether the Petitioner could be permitted to vend as a stationary vendor from the specified vending site, notwithstanding the terms of his provisional CoV requiring operation as a mobile vendor within Central Zone, Ward S-82.

2. Whether the Petitioner’s category in the provisional CoV could be changed, and which authority was required to consider such change.

The Court exercised its jurisdiction under Article 226 of the Constitution of India to examine the Petitioner’s claim for directions concerning his vending rights and provisional CoV.

The Court applied the binding terms and conditions of the provisional CoV, holding that the Petitioner was required to comply with those conditions and, specifically, to operate as a mobile vendor within the relevant zone rather than confining himself to a particular location.

As to alteration of the vending category, the Court directed that the issue be considered by Town Vending Committee-II upon its constitution.

The order in Sheetal Gupta was noted as having been relied upon by the Petitioner but was not treated as overriding the terms of the Petitioner’s own provisional CoV.

The Court found that the Petitioner’s provisional CoV was issued under the category “Others” and was subject to specified terms and conditions.

Accordingly, the Petitioner could not claim a right to remain restricted to the identified vending site when the CoV required him to function as a mobile vendor within Central Zone, Ward S-82.

The Court therefore declined to grant permission to operate as a stationary vendor.

However, recognising that the request for alteration of category was an administrative matter falling within the jurisdiction of the Town Vending Committee, it directed Town Vending Committee-II to consider the request after its constitution.

The Petitioner’s request for change of category was directed to be considered by Town Vending Committee-II, upon its constitution, within three months.

All pending applications, if any, were also disposed of.