High CourtsDivision Bench

Qamre Alam And Anr vs State Of Bihar And Ors

Patna High Court · Decided on 11 December 2020 · Citation: (2020) 12 PAT CK 0348

HON’BLE JUDGES
Sanjay Karol, CJ · Partha Sarthy, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 17256 Of 2019

AI Structured Summary

Not yet generated for this judgment

Judgment

21 paragraphs · 437 words

The petitioner prayed for the following relief:

“For issuance of writ in the nature of mandamus directing the Respondents for implement street vendor (Protection of livelihood and revolution of

street vending) Act 2014 which has been enforced with effect from 4/03/2014 (herein referred as vending Act) and to protect the interested poor

person enlarge and provide the space on Footpath to the Poor people in vending Zone as prescribed under the Act at a appropriate place near Veena

Cinema to Harding park as well as just opposite of Mahavir Mandir near Patna Junction and adjacent South Boundary of Buddha Park where the

sufficient space is available without any use and the said Area may be provided under the vending zone but till now no vending zone as well as license

of the vendors have not been provided to the vendor at the same place when the said vendors and are doing business on Footpath for livelihood upon

the Thela and/or any other appropriate writ or writs directing to Respondent to implement the vending zone at the aforesaid place and granting the

vending license with the cost of vendors and further may be directed to Respondent not to interference with the Right and business premises of street

vendor save and accept accordance with law.â€​

On 27th of August we passed the following order

“Learned counsel for the petitioner prays and is allowed to make necessary correction in the cause title of the present case.

Counsel for the Municipal Corporation submits that the entire matter is being monitored in another Case being C.W.J.C. No. 15475 of 2016 (Vikash

Chandra Guddu Baba Vs. The State of Bihar & Ors.).

In view of the above, let this case be listed along with the aforesaid C.W.J.C. No. 15475 of 2016.â€​

Since this Court is independently monitoring the issue, subject matter of the present writ petition, we are of the considered view that the interest of

justice would best be met if the petition is disposed of reserving the liberty of the petitioner to invite attention of the authorities including respondent

nos. 2 and 4, namely, The Chief Secretary, Government of Bihar, The Principal Secretary, Urban Development and Housing Department, Government

of Bihar, at Patna and The Patna Municipal Corporation through the Commisioner-cum-Executive Officer, Budh Marg, Patna of the issues.

We are assured that in case the petitioners ventilate their grievances, the same shall be considered and decided by the authorities as per law within a

period of two months. Liberty reserved to the petitioners to approach this court as also assist this court in matter already pending, if the need so arises.