Shakeel Ahmad And Others vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this

common judgment. However, for the sake of clarity, facts of WPMS No. 2069 of 2020 are being considered.

According to the petitioners, they are street vendors within municipal limits of Sitarganj.

By means of this writ petition, petitioners have sought following reliefs:-

“I. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents not to evict the petitioners without

rehabilitation or relocate and also not demolish the temporary structure of shops situated in the Vending Zone, Amariya Chauraha, Municipal Board

Sitarganj, District Udham Singh Nagar.

II. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to constitute the Town Vending Committee,

who shall ensure that all existing street vendors shall be identified and thereafter issued the vending certificate to the petitioners before eviction or

relocation of the petitioners.â€​

This Court on 06.11.2020 passed the following order in WPMS No. 2069 of 2020:

“In the meantime, Municipal Board shall complete the exercise as contemplated under Section 3(1) of the Street Vendors (Protection of Livelihood

and Regulation of Street Vending) Act, 2014 and efforts thereafter shall also be made to implement sub-section (2) of Section 3 of the Act.â€​

Mr. Yogesh Pacholia, learned counsel appearing for Nagar Palika Parishad, on instructions, submits that the exercise, as contemplated under

Section 3(1) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, is under process and all the street vendors

would be identified within one month.

Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner(s) to make separate

representation(s) to Executive Officer, Nagar Palika Parishad, Sitarganj. If petitioner(s) make such representation(s) within two weeks’ from

today, Executive Officer shall place the same before Town Vending Committee. The Town Vending Committee shall thereafter convene meeting

within three weeks from the date when representation(s) is placed before it and take decision on representation(s) submitted by the petitioner(s), in

accordance with law.

For a period of six weeks or till decision is taken on petitioner(s) representation(s), status quo, as of now, shall be maintained.

Let a certified copy of this order be issued within 24 hours.