WPMS/2501/2021
2022 Latest Caselaw 1 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
       ON THE 3RD DAY OF JANUARY, 2022
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2501 of 2021
BETWEEN:
Kedar Nath Goswami.                                       ...Petitioner

AND:

Nagar Palika Parishad, Nainital.                      ...Respondent


                        with
       Writ Petition (M/S) No. 2504 of 2021

      (By Mr. R.K. Chauhan, Advocate for the petitioner and Mr. Ajay Singh
      Bisht, Advocate for the respondent)


                           JUDGMENT

Since common questions of fact and law are involved in these writ petitions, therefore these petitions are clubbed together and are being heard & decided together. However, for the sake of convenience, facts of WPMS No. 2501 of 2021 are being considered.

2. By means of this writ petition, petitioner has sought the following reliefs:-

"i) Issue a writ, order or direction in the nature of mandamus directing the respondent to enlist the petitioner in the role of Street Vendor and issue a Vending Certificate to the petitioner.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent to consider the case of the petitioner for enlistment under Section 4(2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014."

3. Mr. Ajay Singh Bisht, learned counsel appearing for the respondent 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.

4. In view of the facts & circumstances of the case, the writ petitions are disposed of with liberty to petitioner(s) 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