Kedar Nath Goswami vs Nagar Palika Parishad, Nainital

Manoj Kumar Tiwari, J

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.

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.â€​

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.

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.