7 November vs State Of Uttarakhand & Another
2024 Latest Caselaw 2562 UK

Uttarakhand High Court

7 November vs State Of Uttarakhand & Another on 7 November, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                          2024:UHC:8203



HIGH COURT OF UTTARAKHAND AT NAINITAL
      Writ Petition Misc. Single No. 2957 of 2024
                        07 November, 2024



Imran

                                                           --Petitioner
                                Versus

State Of Uttarakhand & another
                                                       --Respondents
                                 With

       Writ Petition Misc. Single No.2913 of 2024

Mohammad Harun & others

                                                          --Petitioners
                                Versus

State Of Uttarakhand & another
                                                     --Respondents
----------------------------------------------------------------------
Presence:-
      Mr. Amit Kapri, learned counsel for the petitioners.
      Mr. Anil Dabral, learned Additional C.S.C. along with Mr. D.S. Bora,
      learned Standing Counsel for the State.
      Mr. Bhupendra Singh Bisht, learned counsel for respondent no.2.
----------------------------------------------------------------------
Hon'ble Pankaj Purohit, J.

Heard learned counsel for the parties.

2. Since common questions of law and fact are involved in both these writ petitions, therefore, they are heard together and are being decided by a common judgment.

3. In Writ Petition (M/S) No.2957 of 2024, the instructions were called from the respondent no.2-Nagar

2024:UHC:8203 Palika Parishad as to why the license of street vending is not being provided to the petitioner of the WPMS No.2957/2024.

4. Today, learned counsel for the respondent no.2-Nagar Palika Parishad passed on written instructions dated 05.11.2024 to this Court, which is taken on record. On instructions, it is submitted by learned counsel for respondent no.2 that under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the survey was conducted by the Nagar Palika Parishad under Section 4(2) of the said Act and 121 vending licenses have been granted to the vendors who have applied for, among more than 300 applicants. On instructions, it is further submitted by learned counsel for respondent no.2 that, at present, there is no space available to grant more vending license to other persons, like the petitioners, therefore, the applications of the petitioners are kept pending consideration and if new place is earmarked for the vending zone, the applications of the petitioners shall be considered in accordance with law.

5. Since on instructions, it is clear that the applications of the petitioners are still pending and it is the contention of the learned counsel for the respondent- Nagar Palika Parishad that if new vending zone is earmarked the applications of the petitioners shall be considered in accordance with the seriatim on the basis of first cum first get, the writ petition can be disposed of finally.

6. Accordingly, the writ petitions are disposed of in terms of the submissions made by learned counsel for the respondent no.2-Nagar Palika Parishad.

2024:UHC:8203

7. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 07.11.2024 AK AVNE ET

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT

2.5.4.20=a82175252dc1a0f53f0e245a1c11df9aa490cfd1403838b f52f9acab4cc3a5b9, postalCode=263001, st=UTTARAKHAND, serialNumber=5BEC18DADE54688668187E4D722C2EDBFDAF35 AB2F676A551481BE62508FDDEE, cn=AVNEET KAUR Date: 2024.11.07 17:40:40 +05'30'

KAUR