Uttarakhand High Court
WPMS/2864/2024 on 9 September, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7985
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS/2864/2024
with
WPMS/1402/2023
WPMS/2343/2024
Hon'ble Manoj Kumar Tiwari, J.
Mr. Pankaj Miglani, Mr. Parikshit Saini
& Mr. Navneet Kaushik, Advocates for the
petitioners.
2. Mr. Ganesh Dutt Kandpal, Deputy
Advocate General for the State of
Uttarakhand.
3. Mr. Ashutosh Thakral, Advocate for
respondent no. 4.
4. Ms. Nishat Intezar, Advocate for
respondent no. 5.
5. Since common questions of law and
fact are involved in these writ petitions,
therefore they are heard together and are
being decided by a common judgment.
However, for the sake of brevity, facts of
Writ Petition (M/S) No. 2864 of 2024 alone
are being considered and discussed.
6. By means of this writ petition,
petitioner has sought the following relief:-
"I To issue a writ, order direction in the
nature of Mandamus directing the respondents
to restore the possession of the petitioner over
his shop and further directing respondent nos. 2
to 6 not to evict/ dispossess the petitioner from
his shop situated at Qabrastan Site No. 1, shop
no. 9 which the petitioner is running for past
more than 20 years by paying Teh Bazari and
fees to respondent no. 4 and 6 respectively
without following due process of law as the
same is the only source of livelihood of the
petitioner."
2025:UHC:7985
7. Learned counsel for the petitioner
submits that petitioner is a meat seller,
who is running his shop at Kabristaan Site
No. 1, Shop No. 9, however, there was
threat of dispossession, looming large over
the petitioner, therefore, he filed this writ
petition. He further submits that
now, there is no imminent threat of
dispossession.
8. Mr. Ashutosh Thakral, learned
counsel appearing for Nagar Panchayat
Piran Kaliyar submits that the land over
which petitioner is running his business is
a public utility land recorded as 'gohar
land' in revenue records. He submits that
since the land in question is public utility
land, therefore, the District Magistrate can
evict the persons occupying such land
anytime.
9. Having regard to the facts of the case
and also in view of the submission made
by learned counsel for the petitioners, the
writ petitions are disposed of by directing
the Town Vending Committee to make
endeavour to identify a suitable vending
zone, where all these shopkeepers be
shifted, within four months from today.
Thereafter necessary steps shall be taken
by the competent authority, as per
provisions of Street Vendors (Protection of
Livelihood and Regulation of Street
Vending) Act, 2014.
(Manoj Kumar Tiwari, J.)
09.09.2025
Navin
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Date: 2025.09.09 19:18:26 +05'30'
