Zila Footpath Dukandar Sangh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3923 of 2016 ====================================================== 1.

Zila Footpath Dukandar Sangh, Muzaffarpur through its General Secretary Arshad Ali, Son of Washi Ahmad resident of Bari Karbala Company Bagh, P.S. Muzaffarpur, District - Muzaffarpur 2.

Abdul Quddus Son of Md. Kurban resident of Bari Karbala Company Bagh, P.S. Muzaffarpur, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner, Trihut Division, Muzaffarpur 3.

The Collector, Muzaffarpur 4.

The Superintendent of Police, Muzaffarpur 5.

Nagar Nigam, Muzaffarpur through its Nagar Aayukta ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Chandra Verma, Sr. Adv.

Mr. Anuj Kumar, Adv.

For the Respondent/s :

Mr.Mukund Mohan Jha, AC to GP-27 For the Corporation Mr. Prasoon Sinha, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-11-2019 On 13th of November, 2019 we had passed the following order:

"Pursuant to the order dated 26th of September, 2019, affidavit i.e. 3rd supplementary counter affidavit, stands filed on behalf of the Respondent No. 5. In our considered view, no further orders are required to be passed in the present petition, for we find the said respondent to have issued the Identity Cards to the concerned persons i.e. 58 vendors.

Patna High Court CWJC No.3923 of 2016 dt.15-11-2019 2/3 However, on the request of learned senior counsel for the petitioners, matter is adjourned for dayafter-tomorrow. List on 15.11.2019."

Today, learned senior counsel Mr. Yogesh Chandra Verma states that out of 142, only 58 vendors have been issued identity cards and the rights of the remaining vendors remain denied.

Having considered the material placed on record in its entirety, we are of the considered view that interest of justice will be best met if each one of the remaining vendors were to approach the authority for redressal of their surviving grievances, including non-implementation or incomplete implementation of the provision of Sections-3 and 4 of The Street Vendors (Protection of Livelihood And Regulation Of Street Vending) Act, 2014.

We are sure that on receipt of such request, cases of each one of the remaining vendors shall be considered by the appropriate authority in accordance with law expeditiously and preferably within a period of 3 months from today. Mr. Prasoon Sinha, appearing for the respondent Municipal Corporation, ensures of the same.

In view of the aforesaid directions, we dispose of

Patna High Court CWJC No.3923 of 2016 dt.15-11-2019 3/3 the present petition reserving liberty to the remaining vendors to seek appropriate remedies in accordance with law, including approaching this Court by way of separate petitions. (Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/DKSAFR/NAFR NAFR CAV DATE N/A Uploading Date 16.11.2019 Transmission Date N/A