WPMS/342/2022
2022 Latest Caselaw 405 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 23RD OF FEBRUARY, 2022
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
        Writ Petition (M/S) No. 342 of 2022
BETWEEN:
Altamash Siddiqui                                 ... Petitioner
      (By Mohd. Matloob, Advocate)

AND:

State of Uttarakhand & another                    ...Respondents
      (By Mr. Suyash Pant, learned Standing Counsel for the State of
      Uttarakhand/respondent nos. 1 and Mr. Bhupendra Singh Bisht,
      Advocate for respondent no. 2)


                          JUDGMENT

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

"I. To issue a writ or order in the nature of mandamus commanding and directing the respondents to permit the petitioner to resume vending merchandise.

II. To issue a writ or order in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioner in view of Section 4(2) of the STREET VENDORS STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014."

2. Mr. Bhupendra Singh Bisht, learned counsel appearing for respondent no. 2 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 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.) Aswal