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Patna High CourtCWJC/4429/2023dismissed

Qamre Alam v. The State Of Bihar

2024-05-01Mr. Justice Harish Kumar,The Chief Justice-3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4429 of 2023 ====================================================== 1.

Qamre Alam Son of Late Md. Zarifur Rahman, Resident of Village Balia, Post Office Afzala, Police Station Biroul, District Darbhanga, at present residing at Readymade Cloth, New Market, Patna-1 (Bihar). 2.

Md. Qayum Uddin Son of Inamuddin Resident of Village Parsa Bazar, Post and Police Station Parsa Bazar, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Urban Development and Housing Department, Govt. of Bihar, Patna.

2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

4.

The Patna Municipal Corporation through the Commissioner-cum-Executive Officer, Budh Marg, Patna.

5.

The District Magistrate, Patna.

6.

The Senior Superintendent of Police, Patna.

7.

The Senior Superintendent of Police Traffic, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Yogendra Pd. Sinha (AAG7) For the PMC :

Mr. Prasoon Sinha, Advocate ======================================================

Patna High Court CWJC No.4429 of 2023 dt. 01-05-2024 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR CAV JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-05-2024 The writ petition is filed for issuance of a mandamus to the respondents to implement the Street Vendor (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

2. None appears for the petitioners.

3. We see from the counter affidavit especially Annexure-R4/A, R4/B, R4/C and R4/D that steps are being taken by the Patna Municipal Corporation for implementation of the Street Vending Act. An earlier petition filed by the very same writ petitioners numbered as CWJC No. 17256 of 2019 produced as Annexure-6 was disposed of granting liberty to the petitioners to assist the Court in another writ petition pending on the same subject matter numbered as CWJC No. 15475 of 2016 titled as Vikash Chandra Guddu Baba Vs. the State of Bihar & Ors. Hence, the subsequent writ petition is unnecessary. Further Annexure-R4/C indicates that Patna Junction Street Vendors Association themselves have filed CWJC No. 17976 of

Patna High Court CWJC No.4429 of 2023 dt. 01-05-2024 3/3 2019, for the same subject matter. There is hence no requirement for a public spirited person to agitate the cause.

4. The instant writ petition is dismissed as unnecessary petition.

(K. Vinod Chandran, CJ) (Harish Kumar, J) I agree (Harish Kumar, J) ranjan/- AFR/NAFR CAV DATE 26.04.2024 Uploading Date 01.05.2024 Transmission Date NA