WPMS/2834/2021
2021 Latest Caselaw 5407 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 29TH DAY OF DECEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2834 of 2021
BETWEEN:
Pappu Singh Bisht & others.                           ...Petitioners
      (By Mr. Munish Bhardwaj, Advocate)

AND:

State of Uttarakhand & others.                     ...Respondents
      (By Mrs. Mamta Bisht, Deputy Advocate General 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, petitioners have sought the following relief:-

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

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 petitioners make 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 petitioners to make application(s) under

Section 4 (2) of the aforesaid Act to the Competent Authority, within two weeks from today. If such application(s) 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(s) alongwith certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan