Lalit Dutt Tiwari And 12 Others vs State Of U.P. And 4 Others
2021 Latest Caselaw 1601 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 27682 of 2020
 

 
Petitioner :- Lalit Dutt Tiwari And 12 Others
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Neeraj Srivastava
 
Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Sanjay Kumar Pachori,J.

Heard learned counsel for the petitioners; Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for respondent nos. 1, 3 and 4 and Shri Kaushalendra Nath Singh, learned counsel for the respondent nos. 2 and 5.

The petitioners herein seek a writ of mandamus commanding the respondent authority not to interfere or disturb the petitioners in the peaceful running of their petty business on their respective sites at Circle 6 and 9 at Sector 76, 94, 127, 135 and 144 Noida, District Gautam Budh Nagar.

Learned counsel for the petitioners in support of his submissions has placed reliance upon the judgment passed by this Court in Preeti And 32 Others Vs. State of U.P. And 4 Others (Writ-C No. 26830 of 2020, dt.18 .1.2021) and as such it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioners.

The above said argument of learned counsel for the petitioner is not being disputed by learned Additional Chief Standing Counsel as well as counsel for the respondent no. 2.

The writ petition is accordingly disposed of in terms of Preeti(supra). The matter is relegated for consideration before the respondent no. 2 namely the Chief Executive Officer, New Okhla Industrial Development Authority, District Gautam Buddha Nagar. The application/representation moved by the petitioners dated 1.2.2020 shall be duly considered. If they are found eligible, a space in the vending zone namely Circle 6 and 9 at Sector 76, 94, 127, 135 and 144 Noida, District Gautam Budh Nagar or in a nearby vending zone shall be allotted to them. The entire exercise shall be completed, preferably, within a period of two months from the date of submission of copy of this order, under due intimation to the petitioners.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 27.1.2021

A.K.Srivastava