WPMS/2563/2021
2021 Latest Caselaw 4984 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 08TH DAY OF DECEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 2563 of 2021
BETWEEN:
Abdul Samad                                                ...Petitioner
       (By Mr. Munish Bhardwaj, Advocate)

AND:

State of Uttarakhand & others.                         ...Respondents
       (By   Mr.    G.S.   Negi,   Addl.    C.S.C.   for   the   State   of
       Uttarakhand/respondent nos. 1 to 3 and Mr. Bhupendra Singh Bisht,
       Advocate for respondent no. 4)


                           JUDGMENT

By means of this writ petition, petitioner has sought the following relief:-

"I. Issue a writ order or direction in the nature of mandamus directing the respondent to allow the petitioner to work in the vending zone till the decision is taken on the representation of the petitioner."

2. Mr. Bhupendra Singh Bisht, learned counsel appearing for respondent no. 4 submits that the field is now occupied by Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. He, therefore, submits that if petitioner makes an application under Section 4(2) of the aforesaid Act, the same shall be considered by the Competent Authority, in accordance with law.

3. In view of the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to make application under

Section 4 (2) of the aforesaid Act to the Competent Authority within two weeks from today. If such application is made within the stipulated period, the Competent Authority shall look into the matter and take appropriate decision, in accordance with law, within a period of eight weeks from the date of receipt of application alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin