WPMS/1484/2019
2021 Latest Caselaw 1229 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 26TH DAY OFMARCH, 2021
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        Writ Petition (M/S) No. 1484 of 2019
BETWEEN:

Pawan Kumar & others                       ...Petitioners
     (By Mr. Prabhakar Joshi, Advocate)

AND:

District Magistrate, Nainital
& another                              ...Respondents

     (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
     Uttarkhand and Mr. Ajay Singh Bisht, learned counsel for
     respondent no. 2)

                          JUDGMENT

By means of this writ petition, petitioners have sought following relief:-

(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to permit the petitioners to carry on their business as street vender at Mallital Flat where other similarly situated street venders are running their business according to the present prescribed rules of Nagar Palika Parishad Nainital.

2. Learned counsel for the petitioners submits that similar controversy has been decided by this Court in WPMS No. 2492 of 2019 and other connected matters.

3. Mr. Ajay Singh Bisht, learned counsel for respondent no. 2 - Nagar Palika Parishad, Nainital also does not dispute this submission made on behalf of learned counsel for the petitioner.

4. Since the controversy stands settled by the judgment dated 09.09.2020 rendered by this Court in WPMS No. 2492 of 2019 and other connected matters, present writ petition also deserves to be decided in the same terms and conditions.

5. In view of the facts & circumstances of the case, the writ petitions are 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.) Aswal