Gaurav Thuwal vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers : -

“(I) A Writ, Order or Direction in the nature of Mandamus directing the respondent no.3 to consider petitioner’s registration as Street Vendor (Annexure No.1) u/s 7(3) of the Uttarakhand Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016.

(II) Any other suitable Writ / Order or Direction which this Hon’ble Court may deem fit and proper in the circumstances of the case

(III) Further prays that the Hon’ble Court may direct the respondents to pay the cost of litigation.”

Heard Ms. Irum Zeba, learned counsel for the petitioner, Mr. Bhupendra Singh Koranga, learned Brief Holder for the respondent nos. 1 & 2 and Mr. Bhupendra Singh Bisht, learned counsel for the respondent no.3.

Ms. Irum Zeba, Advocate, submitted that the petitioner has been doing street vending near Tibetan Market, in front of D.S.O. Office at Nainital for the last 5-6 years. He is a perm anent resident of Nainital. He has no other source of income. The respondent no.3 has constituted a Town Vending Committee. The said committee has considered the claims of various street vendors and provided them registration under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and provisions of the Uttarakhand Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016. The petitioner has moved an Application dated 07.03.2025 (annexure no.1 to the writ petition) before the respondent no.3. The said Application is still pending.

Ms. Irum Zeba, Advocate, has requested to decide the present writ petition directing the respondent no.3 to decide the petitioner’s Application dated 07.03.2025 (annexure no.1 to the writ petition) as expeditiously as possible.

Mr. Bhupendra Singh Bisht, Advocate, has sought six weeks’ time to decide the said Application.

With the consent of both the parties, the present Writ Petition (WPMS No. 1112 of 2025) is disposed of directing the respondent no.3 to decide the said Application dated 07.03.2025 (annexure no.1 to the writ petition) as expeditiously as possible but not later than six weeks from the date of production of certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.