WPMS/2069/2020
2021 Latest Caselaw 64 UK

IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
   ON THE 7TH DAY OF JANUARY, 2021
                    BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


   Writ Petition (M/S) No. 2069 of 2020

BETWEEN:
 1. Shakeel Ahmad (Male), aged about 32 years,
   S/o Late Sarifulla.
 2. Nadimuddin, S/o Shri Sarfuddin.
 3. Mohd. Taufeek, S/o Mohd. Nabi.
 4. Ibban Khan, S/o Kifayat.
 5. Sahid Ahmad, S/o Bahit Khan.
 6. Magbool Sah, S/o Sukhe Sah
   Petitioners No. 1 to 6 all R/o Village Baghori,
   P.O.   Sitarganj,     Tehsil   Sitarganj,      District
   Udham Singh Nagar.
 7. Ravi, S/o Ajeet, R/o Ward No. 11 Sitarganj,
   Tehsil Sitarganj, District Udham Singh Nagar.
 8. Ganesh Rana S/o Ranjeet Singh, R/o Ward No.
   10,    Shri    Shyam     Plastic   Ltd.       Pairpura,
   Sitarganj, Tehsil Sitarganj, District Udham
   Singh Nagar.
 9. Sanjeev Das, S/o Jagat Das, R/o Ward No. 9,
   Bypass    Colony,     Sitarganj,   District    Udham
   Singh Nagar.
                                         ....Petitioners
                                 2

AND:
 1. State      of    Uttarakhand,        through       Secretary,
    Urban           Development,          Civil      Secretariat,
    Dehradun.
 2. District    Magistrate,          District     Udham    Singh
    Nagar.
 3. Sub Divisional Magistrate, Sitarganj, District
    Udham Singh Nagar.
 4. Executive        Officer,       Nagar     Palika    Parishad,
    Sitarganj, District Udham Singh Nagar.
 5. Executive Engineer, PWD, Circle Sitarganj,
    District Udham Singh Nagar.
                                                   .....Respondents
                             with
   Writ Petition (M/S) No. 2153 of 2020

BETWEEN:
 1. Maqbool Ahmad (Male), aged about 60 years,
   S/o Late Badlu, R/o Village Bhitora, Tehsil
   Sitarganj, District Udham Singh Nagar.
 2. Balkishan, S/o Nathu Lal, R/o Ward No. 9,
   Pairpura,        Tehsil   Sitarganj,         District   Udham
   Singh Nagar.
 3. Ikhtiyar Ahmad, S/o Istiyar Ahmad, R/o Ward
   No. 9, Meena Bazar, Tehsil Sitarganj, District
   Udham Singh Nagar.
 4. Manoj Chand Joshi, S/o Shri Bhuwan Chand
   Joshi,      R/o     Parpura         Mina       Bazar,   Tehsil
   Sitarganj, District Udham Singh Nagar.
                                 3
 5. Shadab Saifi, S/o Abdul Hafeej, R/o Mohalla
   Ward No. 2 Jama Masjid, Tehsil Sitarganj,
   District Udham Singh Nagar.
                                                     ....Petitioners
   (By S.K. Mandal, Advocate)

AND:
 1. State      of    Uttarakhand,        through        Secretary,
   Urban            Development,            Civil     Secretariat,
   Dehradun.
 2. District    Magistrate,          District       Udham    Singh
   Nagar.
 3. Sub Divisional Magistrate, Sitarganj, District
   Udham Singh Nagar.
 4. Executive        Officer,       Nagar     Palika     Parishad,
   Sitarganj, District Udham Singh Nagar.
 5. Executive Engineer, PWD, Circle Sitarganj,
   District Udham Singh Nagar.
                                                    .....Respondents
    (By Shri Devesh Ghildiyal, Brief Holder for the State
   of Uttarakhand and Mr. Yogesh Pacholia, Advocate for
   respondent no. 4)

                          ORDER

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for the sake of clarity, facts of WPMS No. 2069 of 2020 are being considered.

2. According to the petitioners, they are street vendors within municipal limits of Sitarganj.

3. By means of this writ petition, petitioners have sought following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents not to evict the petitioners without rehabilitation or relocate and also not demolish the temporary structure of shops situated in the Vending Zone, Amariya Chauraha, Municipal Board Sitarganj, District Udham Singh Nagar.

II. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to constitute the Town Vending Committee, who shall ensure that all existing street vendors shall be identified and thereafter issued the vending certificate to the petitioners before eviction or relocation of the petitioners."

4. This Court on 06.11.2020 passed the following order in WPMS No. 2069 of 2020:

"In the meantime, Municipal Board shall complete the exercise as contemplated under Section 3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and efforts thereafter shall also be made to implement sub-section (2) of Section 3 of the Act."

5. Mr. Yogesh Pacholia, learned counsel appearing for Nagar Palika Parishad, on

instructions, submits that the exercise, as contemplated under Section 3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, is under process and all the street vendors would be identified within one month.

6. Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner(s) to make separate representation(s) to Executive Officer, Nagar Palika Parishad, Sitarganj. If petitioner(s) make such representation(s) within two weeks' from today, Executive Officer shall place the same before Town Vending Committee. The Town Vending Committee shall thereafter convene meeting within three weeks from the date when representation(s) is placed before it and take decision on representation(s) submitted by the petitioner(s), in accordance with law.

7. For a period of six weeks or till decision is taken on petitioner(s) representation(s), status quo, as of now, shall be maintained.

8. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin