Geeta Devi vs State Of Uttarakhand & Others

Pankaj Purohit, J

The present writ petition has been filed by the petitioner seeking a mandamus directing respondent-Nagar Palika Parishad, Nainital, to allow her to sell sweet corn at Barapathar Chowk, Nainital, as a roadside vendor.

It is contended by the learned counsel for the petitioner that petitioner has been selling sweet corn at Barapathar for the last 15 years, but suddenly, the officers of the respondent-Nagar Palika Parishad, on the alleged instructions of the District Administration, are not permitting the petitioner to sell sweet corn at Barapathar on the roadside.

According to petitioner, she is not being permitted to sell sweet corn on the ground that, due to the scattered filth in the area of the shop, rats are attracted, which may endanger the life of the people in Nainital. The petitioner has already annexed the clearance granted by the respondent-Nagar Palika Parishad and, despite that, petitioner is not being allowed to sell sweet corn.

Per contra, learned counsel for the respondent-Nagar Palika Parishad submits that petitioner has to obtain registration from the Nagar Palika Parishad for vending, and petitioner has no such registration. He further submits that, for selling food items, petitioner requires a licence under the Food Safety and Standards Act, 2006 (for short, "the Act, 2006").

Be that as it may, petitioner has been selling sweet corn for a long time, though with some breaks, still, petitioner has a right to livelihood, subject to reasonable restrictions. In such view of the matter, petitioner has to apply for registration with the respondent-Nagar Palika Parishad, as alleged, and for a licence under the Act, 2006.

Accordingly, writ petition is disposed of with a direction that petitioner shall apply for her registration as a vendor with the respondent-Nagar Palika Parishad. She shall also obtain a food licence from the competent authority under the Act, 2006, within a period of seven days. Petitioner shall make such an application within two days, and if such an application is moved by the petitioner, respondents are directed to take a decision thereon sympathetically within a further period of seven days from the date of receipt of the said applications, by a reasoned and speaking order.

Let a certified copy of this order be issued to the learned counsel for the parties today itself, as per rules.

Pending application, if any, stands disposed of accordingly.