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Mamta Joshi vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 24 August 2022 · Citation: (2022) 08 UK CK 0074

HON’BLE JUDGES
Sanjaya Kumar Mishra, J
ACTS & SECTIONS REFERRED
Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act, 2014 — Section 4(2)
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1986 Of 2022
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Judgment

8 paragraphs · 258 words

Sanjaya Kumar Mishra, J

1.

By filing this writ application, the petitioner has prayed for the following reliefs:

“ (a) Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to resume vending merchandise in view of the order dated 04.09.2018 in WPPIL No. 151 of 2015 passed by this Hon’ble Court.

(b) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(c) Award cost of the petition.”

2.

According to the petitioner, he was a street vendor, who is selling different items within the municipal limits of Nainital Town for the last more than 10 years.

3.

Learned counsel for respondent no. 2 submits that field is now occupied by Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. He, therefore, submits that if petitioner makes an application under Section 4(2) of the aforesaid Act, the same shall be considered by the Competent Authority, in accordance with law.

4.

In view of the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioner to make application under Section 4 (2) of the aforesaid Act, to the Competent Authority within two weeks from today. If such an application 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 alongwith certified copy of this order.