Bent, Kurshi Ewam Narsari Sangh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15541 of 2017 ====================================================== 1.
Bent, Kurshi Ewam Narsari Sangh, situated at Bankipur, in front of Ashok Samrat Conference hall and surrounding of Magadh Mahila College to Sant Johshef Convent (Girls School), North Gandhi Maidan, Police StationGandhi Maidan, District- Patna through its President namely Anwar Ali Khan @ Anwar Khan, Son of late Syeed Khan 2.
Ram Kumar Bhagat, Son of Sri Hari Narayan Bhagat, Resident of MohallaBankipur, in front of Ashok Samrat conference hall and surrounding of Magadh Mahila College to Sant Joshef Convent (Girls School), North Gandhi Maidan, Police Station- Gandhi Maidan, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Patna, Bihar 2.
The Principal Secretary, Department of Urban Development, Government of Bihar, Patna.
3.
The Collector, Patna.
4.
The Commissioner, Patna Municipal Corporation, Patna, Bihar. 5.
The Principal Secretary, (Building Construction Department), Government of Bihar, Vishwasaraiya Bhawan, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Kumar, Advocate For the Respondent/s :
Mr.Pushkar Narayan Shahi -Aag6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-02-2020 Petitioners have prayed for following reliefs:- "I. To protect the shocks of the Bent, Kurshi Ewam Narsari Sangh, situated at Bankipur, in front of Ashok Samrat Conference hall and surrounding of Magadh Mahila College to Sant Johshef Convent (Girls School), North Gandhi Maidan, Police Station- Gandhi Maidan, DistrictPatna which has been tried to demolish by the
Patna High Court CWJC No.15541 of 2017(5) dt.18-02-2020 2/3 responsible respondents at the instance of official respondents.
ii. To direct the respondents to take step in view of the scheme of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
iii. To command and direct the respondent authorities not to take any coercive step against the shops of the Kurshi Ewam Narsari Sangh, situated at Bankipur in front of Ashok Samrat conference hall and surrounding of Magadh Mahila College to Sant Johshef Convent (Girls School), North Gandhi Maidan, Police Station- Gandhi Maidan, District- Patna as well as Footpath Dukandars/ Vendors.
iv. For commanding and directing the responsible respondent authorities to give appropriate compensation caused irreparable loss to the petitioners and similar situated persons by the illegal and arbitrary act and omission of the respondent authorities.
v. Any other relief/reliefs for which the petitioners entitled under the law."
Having heard learned counsel for the petitioners, we are of the considered view that interest of justice would be best served if the petitioners were to individually highlight their grievance to the authorities who, as we notice from the counter affidavit, have now taken steps to create vending zone in the area falling under the municipality of Patna, the Vending Committee stands established and now there is appropriate
Patna High Court CWJC No.15541 of 2017(5) dt.18-02-2020 3/3 mechanism in place for implementation of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
As such, we dispose of the present petition with a direction to the authorities to decide the request made by the petitioners expeditiously and preferably within three months, unless the Statute requires otherwise.
(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- U