Hawker And Thel Samaj Kalyan ... vs State Of U.P. & 2 Others
2014 Latest Caselaw 7730 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 56822 of 2014
 

 
Petitioner :- Hawker And Thel Samaj Kalyan Association Thru' President
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Mahendra Singh
 
Counsel for Respondent :- C.S.C.,A.S.G.I./2014/10768,Chandra Bhan Gupta
 

 
Hon'ble Vineet Saran,J.

Hon'ble Vivek Kumar Birla,J.

The petitioner is an Association of 'Hawkers and Thela Samaj', which is a registered society and it has 27 members.

The case of the petitioner is that the members of the Association were granted Hawkers licence by the Cantonment Board, Agra (Respondent no. 2) in the year 2003, which was renewed from time to time and was valid up to the year 2013-14. For the year 2014-15 the members of the Association applied for renewal of the licence, but no orders on the same have yet been passed. The petitioner thus filed this writ petition with the prayer for a direction to the Cantonment Board, Agra (Respondent no. 2) to renew the licence of the members of the Association for the year 2014-15.

Sri C.B. Gupta, learned counsel for the respondent no. 2 has received instruction. He has stated that respondent no. 2 has considered the matter with regard to renewal of the licence of the members of the Association and has found that the Hawkers misused their licence  by remaining stationary at one particular place specially in and around the Red Fort area, which is clear violation of terms and conditions of the licence and as such they have been required to give an undertaking on the stamp paper of Rs. 10/- to the effect that they will keep moving "thelas" in entire Cantonment area and would not restrict movement to one place i.e. in and around the Red Fort area.

Sri Gupta on instructions so received, has stated that if those members of the Association who applied for renewal of their licence for the year 2014-15 give an undertaking as mentioned herein above, the licence for the year 2014-15 will be renewed on their fulfilling other terms and conditions.

In view of the said statement of Sri Gupta, learned counsel for respondent no. 2,  based on the instructions received by him, we dispose of the writ petition with the direction to respondent no. 2 that the applications of the members of the Association for renerwal of licence for the year 2014-15 shall be considered and decided after the members submit their undertaking as stated above.

With the aforesaid observations/directions, the writ petition is disposed of.

Order Date :- 28.10.2014

SKS

                                       (Vivek Kumar Birla, J)   (Vineet Saran, J)