National Association Of Street Vendors Of India v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13820 of 2024 ====================================================== 1.

National Association of Street Vendors of India registered under Societys Registration Act, 1860 having its registered office at 304, Maurya Tower, Maurya Lok Complex, Patna-800001, through its authorized representative Shyam Shanker Deepak, Male, aged about 47 years, S/o Jai Shanker Pathak, R/o Mahesh Nagar, Road No. 4, Near Prema Residency, Care of Om Prakash Jee, Boring Road, Patna-800013.

2.

Subodh Singh, Son of Madho Singh, R/o House No. 43K, Pal Bigha, Gaya, Bihar- 804424.

3.

Rajendra Kumar, Son of Ram Sevak Prasad Gupta, R/o New Etavapur, Lalu Path, Kurhtaul, Parsa, Patna, Bihar-804453.

4.

Ajit Kumar, Son of Yadunandan Saw, R/o Post- Nagra, P.S.- Karpi, Kusre, Arwal, Bihar-804419.

5.

Rinku Devi, W/o Umesh Sahani, R/o Boring Canal Road, Patna- 800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Main Secretariat, Patna800001. 2.

The Principal Secretary, Urban Development, Government of Bihar. 3.

The Patna Municipal Corporation, through its Commissioner, Maurya Lok, Complex, Near Kotwali Thana, New Dak Bunglow Road, Patna- 800001. 4.

Town Vending Committee, Patna Nagar Nigam, Patna. 5.

The Commissioner, Patna Division, Patna.

6.

The Senior Superintendent of Police, Patna.

7.

The District Magistrate, Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanket, Adv.

For the Respondent/s :

Mr. Ajay Kumar, AC to GP-4 For the PMC :

Mr. Bindhyachal Singh, Sr. Adv.

Mr. Vipin Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). Issue a writ in the nature of mandamus or any other appropriate writ directing the

Patna High Court CWJC No.13820 of 2024(2) dt.21-09-2024 2/2 Respondent No. 4 to withdraw the illegal and arbitrary press release dated 29.03.2024 and permit the petitioners and other similarly placed vendors to vend in the designated areas as per their Certificate of Vending;

(ii). Issue a writ in the nature of mandamus or any other appropriate writ directing the Respondents to permit the petitioners and other similarly placed vendors to vend in their designated areas as per their Certificates of Vending;

(iii). Issue a writ in the nature of mandamus or any other appropriate writ restraining the Respondent No. 4 from making orders regarding the restrictions to be imposed on street vendors without consulting Respondent No. 3."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Municipal Commissioner, Patna Municipal Corporation, Patna, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U