[Cites 2, Cited by 0]
Delhi High Court
Toshar Kumar vs The Town Vending Ccommiitee (Tvc) - Ndmc ... on 23 March, 2026
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23rd March, 2026
Uploaded on: 25th March, 2026
+ W.P.(C) 3697/2026 & CM APPL. 17979/2026
TOSHAR KUMAR .....Petitioner
Through: Mr. Satish Kumar Tripathi, Adv.
versus
THE TOWN VENDING CCOMMIITEE (TVC) - NDMC & ORS.
.....Respondents
Through: Ms. Shagun Shahi Chugh, Mr. Varun
Chugh and Ms. Ayushi Agarwal,
Advs.
Mr. Sriharsha Peechara Standing
Counsel for NDMC Mr. Chetanya
Singh, Addl. Standing Counsel Mr
Soumit Ganguli Ms Ravicha sharma
Ms Shruti Agarwal Mr Akash Sharma
Advocates
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 Petitioner- Mr. Toshar Kumar
under Article 226 of the Constitution of India, inter alia, seeking directions to
the Respondents to decide the representation dated 27th February, 2026
regarding the substitution of the name of the Petitioner in place of his
deceased father in the Certificate of Vending (hereinafter, 'CoV').
3. The brief background of the present case is that the Petitioner is stated
to be the son of Late Mr. Narender Kumar, who was surveyed by the Town
Vending Committee sometime in 2025. Petitioner's father was found to be an
eligible vendor at the site i.e., near Shop No. 137 (Silver Corner) Sarojini
Nagar Market, New Delhi - ll0023 (hereinafter, 'vending site').
4. Thereafter, the father of the Petitioner was issued a CoV bearing No.
V2025702229.
5. The case of the Petitioner is that his father was vending at the vending
site for several years and is stated to have been previously found eligible for
a vending certificate in the 'General list' bearing Serial No. 2594 of 3792 as
well as in 'SC/ST List' bearing Serial No. 308 of 396, by the New Delhi
Municipal Council (hereinafter, 'NDMC'), sometime in 2011-2012.
6. The further case of the Petitioner is that Petitioner's mother passed
away on 24th February, 2019 and that his father passed away on 26th January,
2026.
7. Petitioner's father left behind three daughters and two sons. The
Petitioner is one of the sons. He has obtained a No-Objection Certificate from
the remaining legal heirs of Late Mr. Narender Kumar.
8. Pursuant thereto, the Petitioner made a representation dated 27th
February, 2026 to the Town Vending Committee, NDMC to substitute the
name of the Petitioner in place of his deceased father in the CoV.
9. Ld. Counsel for the Petitioner submits that the grievance of the
Petitioner in the present petition is that the TVC, NDMC has not considered
the representation of the Petitioner.
10. Further, Ld. Counsel for the Petitioner also submits that in the
meantime the Petitioner may not be harassed from carrying out his vending
activities from the vending site.
11. Mr. Soumit Ganguli ld. Counsel appearing for Mr. Sriharsha Peechara,
ld. Counsel for the NDMC submits that the Petitioner has to establish that he
is a dependent child.
12. The Court has heard the ld. Counsel for the parties. The case of the
Petitioner is that he has been carrying on vending activities at the said vending
site along with his father, and upon the demise of his father, he has continued
to operate the said vending site.
13. Under Section 5(2) of the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Act, 2014. The dependent child of the street
vendor can be permitted to vend in place of his/her parents. It is on the strength
of this provision that the Petitioner prays for relief.
14. In the facts of the present case, let the documents in this matter be
verified by the Director Enforcement, NDMC. The Director Enforcement,
NDMC shall decide, after verifying all the credentials, whether the Petitioner
would be entitled to substitution of his name in place of his father, in terms of
Section 5(2) of the Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Act, 2014. Thereafter, the representation of the Petitioner
for substitution of his name in the CoV shall be proceeded with in accordance
with law.
15. Accordingly, the Petitioner shall appear before the Director
Enforcement, NDMC on 16th April, 2026 at 11:30 AM. The Director
Enforcement, NDMC shall after hearing the Petitioner, decide the
representation of the Petitioner within a period of four months. All rights and
remedies are left open.
16. If any coercive measures are taken against the Petitioner by the
Respondents, the Petitioner is at liberty to approach the Court.
17. The present petition is disposed of in above terms. Pending
applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
MADHU JAIN
JUDGE
MARCH 23, 2026/prg/sm
