The court held that a legal heir's claim for Tehbazari substitution and a provisional Certificate of Vending is subject to documentation completion, adherence to standard vending size, and final decision by the Town Vending Committee.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed, inter alia, seeking issuance of an appropriate writ directing the Respondent to substitute the name of the Petitioner as a legal heir of her deceased father in respect of Tehbazari site no. N-132, Gurudwara, Bangla Sahib, New Delhi.

3. It is the case of the Petitioner that she is the daughter of Late Shri Jagat Singh, who was the original Tehbazari site holder. Shri Jagat Singh had passed away in 1999. The Petitioner is stated to have been running the said Tehbazari site since her father’s death and thus, prays that her name should be substituted.

4. In support of her case that she is the daughter of the original Tehbazari holder, certain Tehbazari receipts have been placed on record. The Petitioner has also filed a representation dated 23rd September, 2022 seeking transfer of the Tehbazari site in her name.

5. The photographs of the Tehbazari site is set out below:

6. The submission of Mr. Sahoo, ld. Counsel for the Petitioner is that the Tehbazari deserves to be transferred in the Petitioner’s name and the provisional Certificate of Vending is also liable to be issued.

7. On behalf of the NDMC, a status report has been filed to the effect that originally the Tehbazari was allotted to Shri Jagat Singh and the same was measuring only 4x3 feet. It is further stated that the representation which has been filed by the Petitioner which is still pending. It is stated that the survey was completed on 31st July, 2025 and the Petitioner had participated in the said survey with survey ID No. V2025200811.

8. In respect of the provisional CoV the Petitioner was found to be ineligible on the ground of the Petitioner’s documentation is found to be insufficient.

9. However, the Petitioner’s case is that there is a substantial disturbance being caused and she is not being allowed to peacefully vend at the Tehbazari site.

10. Heard. The Petitioner is the daughter of late sh. Jagat Singh who passed away on 8th October, 1999. Relevant paragraphs of the NDMC’s status report, are set out below:

“3. That Site No. N-132, Gurudwara Bangla Sahib was an old Tehbazari site allotted by the Answering Respondent in the name of Late Shri Jagat Singh S/o Shri Hari Singh. As per the records of the Answering Respondent, the said Tehbazari measured 4 feet × 3 feet. The existence of the aforesaid Tehbazari is also borne out from the communication dated 29.03.1989 issued by the then New Delhi Municipal Committee, wherein it was recorded that Shri Jagat Singh had already been granted Tehbazari.

4. That Late Shri Jagat Singh expired on 08.10.1999. The Petitioner herself has placed on record the death certificate of Late Shri Jagat Singh, which records the date of his death as 08.10.1999. It is the case of the Petitioner that she is his sole surviving legal heir and that she has thereafter continued to carry on vending activity from the aforesaid site.

5. That the Petitioner submitted a representation dated 23.09.2022, seeking substitution/transfer of the aforesaid Tehbazari in her favour on the basis of her claimed status as the legal heir of Late Shri Jagat Singh. A copy of the said representation has been placed on record by the Petitioner herself as Annexure P-4 to the writ petition.

6. It is respectfully submitted that the aforesaid representation has not been rejected by the Answering Respondent. At the relevant time, the initial Town Vending Committee (“TVC”) was functioning for the purposes of carrying out the survey and issuance of provisional Certificates of Vending (“COV”). Matters relating to transfer/substitution on the basis of legal heirship were to be considered by the Competent TVC in accordance with the applicable Act, Rules and Scheme upon completion of the survey process. Accordingly, the Petitioner’s representation was kept in abeyance.

7. That the survey process has since been completed on 31.07.2025. The present TVC i