[Cites 2, Cited by 0]
Delhi High Court
Ashok Kumar Verma And Ors vs Commissioner Of Police And Ors on 17 March, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17th March, 2026.
Uploaded on: 18th March, 2026.
+ W.P.(C) 1313/2026
ASHOK KUMAR VERMA AND ORS. .....Petitioners
Through: Mr. Vipin Kumar, Mr. Kailash Kr. Jha,
Mr. Anjani Kr Mishra, Ms. Pralika
Chakraborty, Mr. Fareeduddin & Ms.
Srejal Mishra, Advs. (M: 9671520024)
versus
COMMISSIONER OF POLICE AND ORS .....Respondents
Through: Ms. Shakun Sudha Shukla (SPC)
along with Ms Aashna Mehra and Mr.
Dhananjay Tiwari, Advs. (M:
9910039449)
Mr. Tarveen Singh Nanda, Standing
Counsel with Mr. Gaurav Aggarwal,
Adv. for DCB.
Ms. Vaishali Gupta and Mr. Siddharth
Arora, Advs. for R-7. (M:
8076720913)
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 Petitioners under Article 226
of the Constitution of India, inter alia, seeking an appropriate writ directing
the Respondents to allow Petitioners to peacefully vend at their vending sites
located within the Delhi Cantonment Board area.
3. The Petitioners claim to be vendors in the Delhi Cantonment Board
Area.
4. The brief background of the present case is that, Petitioners have placed
reliance upon the 'Minutes of meeting' dated 2nd April, 2025 pertaining to the
meeting held on 21st March, 2025 by the Town Vending Committee
(hereinafter, 'TVC'), Delhi Cantonment Board. In the said meeting, it was
decided by the TVC that 235 vendors were the authorised vendors and they
would be allowed to vend and would not be evicted from the Delhi
Cantonment Board area.
5. Provisional Certificates of Vending (hereinafter, 'CoV') were issued to
the 235 vendors on 10th May, 2025 including the Petitioners. However,
sometime in November to December 2025, the Petitioners allege that they are
being harassed by the police officials and concerned Delhi cantonment Board
officials. They were evicted by the concerned police officials and were not
allowed to vend from their vending sites.
6. Pursuant thereto, the Petitioners then filed W.P (C)10113/2025 titled
'Ravi Kumar & Ors. v. Commissioner of Police & Ors.', in view of the fact
that the concerned officials of the Delhi Police had taken away their goods
and wares. This culminated into the order dated 15th October, 2025 which
reads as under:
"1 We have perused the Status Report filed by the
police authority, who had seized goods of
petitioners, who were vending with a Certificate of
Vending ('COV") issued by the Town Vending
Committee (TVC), Delhi Cantonment Board.
2 Though an objection is raised by police authority
that the COVs are only provisional and tenure
mentioned therein has already expired, a resolution
passed by TVC, placed on record by Delhi
Cantonment Board, speaks of extension of the same
to which even police authority is a party.
3. Status Report filed by the police authority speaks
of serious difficulties faced by them in managing
and manoeuvring the traffic.
4. We are sensitive to the difficulties narrated in the
Status Report; however, there are ways and means
for dealing with such difficulties.
5. In such an eventuality, it was open for the
concerned Deputy Commissioner of Police ('DCP)
to request TVC either to relocate the petitioners or
cancel the provisional COVs. This recourse was not
taken till this date; however, a shortcut method is
adopted of seizing goods of vendors/petitioners.
6. In response to the Court's query, it is assured that
petitioners, whose goods have been seized, can
appear in the office of the concerned SHO
tomorrow, i.e. 16th October 2025, at 11:00 am and
on priority basis, their goods shall be released
without levying any penalty/fine.
7. This statement is coming on instruction and the
same is accepted.
8. We further permit the concerned DCP to move
a request before TVC as regards relocation of
petitioners or that of cancellation of COVs. If any
such request is made within 72 hours from today
with the TVC, the TVC shall upon hearing
petitioners, shall pass appropriate order of
relocation or cancellation. The same is permitted
to be placed on record and an affidavit be filed by
the TVC to that effect.
9. In the meantime, we direct that the petitioners
be permitted to vend in accordance with the COVs;
however, it shall be open for the respondent/police
authority to regulate the traffic and other issues
without seizing the goods of petitioners.
10. An assurance has been made by counsel
appearing for petitioners that the terms and
conditions of the provisional COVs, shall be strictly
adhered to. Same is taken on record.
11. Petitioners have undertaken to appear before
the Chief Executive Officer ('CEO'), TVC, on 28th
October 2025.
12. List before this Court for further consideration
on 17th December 2025, the date already fixed.
13. Order be uploaded on the website of this Court."
7. Thereafter, another meeting was held by the TVC, dated 30th October,
2025 - the decisions taken therein were captured in 'Minutes of Meeting'
dated 3rd November, 2025. The relevant portion of the 'Minutes of the
meeting' reads as under:
"The TVC resolved that the vendors, identified in the
survey published on 26.07.2024 and 23.08.2024, will
continue to vend in their respective areas as per the
terms and conditions of the vending certificate till the
next date of meeting. In the meanwhile, the vendors are
specifically directed to adhere to the instruction of the
police authorities. It is open for the police authorities
to take action along with the Revenue Department of
Delhi Cantonment Board against the unauthorized
vendors, functional within the territorial limit of Delhi
Cantonment, in accordance with law, who have not
been identified in the survey published on 26.07.2024
and 23.08.2024. Once the vending plan is approved
and recommended by the TVC, the same shall be
placed before the Delhi Cantonment Board for its
approval.
Once the vending plan is approved and recommended
by the TVC/, the same shall be placed before the Delhi
Cantonment Board for its approval."
8. The case of the Petitioners is that the Petitioners are continuously being
disturbed in vending their wares.
9. On 30th January, 2026, the Court had heard ld. Counsels for the parties
and notice was issued to the Respondents and the status report was called for.
In addition, ld. Counsel for the Delhi Cantonment Board was directed to place
on record the 'Minutes of Meeting' dated 15th January, 2026.
10. Today, ld. Counsel for the Delhi Cantonment Board has placed on
record the 'Minutes of Meeting' dated 15th January, 2026.
11. The relevant portion of the 'Minutes of Meeting' dated 15th January,
2026 is as under:
"(8) The TVC further resolved that the holder of
temporary vending certificate shall not be evicted from
the vending site till the finalization of vending zones and
issuance of vending certificate. However, if there is any
violation by these vendors then process should be
initiated to cancel the temporary vending certificate."
As per the above Minutes, the TVC has decided not to evict the Petitioners
till the vending zones are finalised, so long as they adhere to the terms of the
temporary vending certificates.
12. In view of the above, the prayer sought by the Petitioners stands
satisfied. The Petitioners shall peacefully vend as per terms and conditions of
the CoV.
13. If there is any violation by the Petitioners, the TVC is at liberty to take
action in accordance with law.
14. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MARCH 17, 2026/dk/sm
