Vijay Arya And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers: -

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioners to resume vending merchandise in view of the order dated 04.09.2018 and as clarified on 08.10.2018 passed in Writ Petition (PI L) no. 151 of 2015.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents decide the pending representations of the petitioners and to allow them to work in the vending zone.

(iii) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iv) Cost of petition may be awarded in favour of petitioners.”

Heard Mr. Vikas Pande, learned counsel with Mr. Amit Kapri, learned counsel for the petitioners, Mr. Suyash Pant, learned Standing Counsel for the respondent nos.1 and 2 and Mr. Bhupendra Singh Bisht, learned counsel for the respondent no.3.

Mr. Vikas Pande, Advocate, submitted that the petitioners are street vendors. In a Public Interest Litigation (PIL No.151 of 2015), this Court permitted the street vendors on 04.09.2018 to carry on their business on the certain conditions. The petitioners are similarly situated like other street vendors, but inspite of several requests the respondents have neither issued licenses to the petitioners nor allotted places to carry on their business. A representation (page no.41) was moved by the petitioner no.1 and a representation dated 13.11.2020 (page no.43) was filed by the petitioner no.2 before the respondent no.3. The said representations are still pending.

Mr. Bhupendra Singh Bisht, Advocate, on behalf of the respondent no.3, has sought four weeks’ time to decide the said representations of the petitioners.

With the consent of both the parties, the present writ petition is disposed of directing the respondent no.3 to decide the said representations of the petitioners (page no.41 and page no.43 to this writ petition) as expeditiously as possible, but not later than four weeks’ from the date of production of the certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merit of the case.