Santosh Singh Patel v. Municipal Corporation Of Raipur
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.284 of 2018 Police Sahu S/o Shri Uma Sahu, aged about 40 years, R/o Sahupara Daganiya, P.S.-D.D. Nagar, Raipur (CG) ---- Petitioner
Versus
1. Municipal Corporation of Raipur Through its Commissioner, Municipal Corporation, Raipur (CG)
2. Secretary, Department of Urban Administration & Development Mantralaya, Raipur (CG)
3. Union of India, Through Secretary, Department of Housing & Urban Property Alleviation Nirman Bhavan New Delhi
4. Abhas Mishra, Assistant Engineer, Municipal Corporation, Raipur, Distt. Raipur (CG)
5. Thana In-Charge, Police Station Saraswati Nagar, Raipur, Distt. Raipur (CG) ---- Respondents WPC No.294 of 2018 Jayendra Jha S/o Bhuwaneshwar Jha, aged about 50 years, R/o Rotry Nagar Tatibandh, Thana-Amanaka Raipur, District-Raipur (CG) ---- Petitioner
Versus
1. Municipal Corporation of Raipur Through its Commissioner, Municipal Corporation, Raipur (CG)
2. Secretary, Department of Urban Administration & Development Mantralaya, Raipur (CG)
3. Union of India, Through Secretary, Department of Housing & Urban Property Alleviation Nirman Bhavan New Delhi
4. Abhas Mishra, Assistant Engineer, Municipal Corporation, Raipur, Distt. Raipur (CG)
5. Thana In-Charge, Police Station Saraswati Nagar, Raipur, Distt. Raipur (CG) ---- Respondents And WPC No.296 of 2018 Santosh Singh Patel S/o Shri Bharat Prasad Patel, aged about 45 years, R/o Bhawani Nagar, Kota, P.S. Saraswatinagar, Raipur (CG) ---- Petitioner
Versus
1. Municipal Corporation of Raipur Through its Commissioner, Municipal Corporation, Raipur (CG)
2. Secretary, Department of Urban Administration & Development Mantralaya, Raipur (CG)
3. Union of India, Through Secretary, Department of Housing & Urban Property Alleviation Nirman Bhavan New Delhi
4. Abhas Mishra, Assistant Engineer, Municipal Corporation,
Raipur, Distt. Raipur (CG)
5. Thana In-Charge, Police Station Saraswati Nagar, Raipur, Distt. Raipur (CG) ---- Respondents For Petitioners :
Ms Rajni Soren, Advocate For Respondent No.1 :
Mr.Pankaj Agrawal, Advocate For Respondents No.2 & 5 :
Mr.R.N.Pusty, G.A.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 2/2/2018
1. Since common question of law and fact is involved in these batch of writ petitions, they are heard together and are being disposed of by this common order.
2. Learned counsel for the petitioners would submit that goods of the petitioners have been seized by respondent No.1 without authority of law and without following the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter called as "the Act of 2014").
3. On the other hand, learned counsel for respondent No.1 would submit that the petitioners will be given places for vending temporarily and in May, 2018 permanent places for vending will be given and goods seized shall be returned to them within 3 days from today.
4. In view of the aforesaid statement made by learned counsel for the Municipal Corporation, Raipur, the writ petitions stand disposed of. The Municipal Corporation, Raipur is directed to strictly follow the provisions of the Act of 2014 and necessary
certificate will be issued in favour of the petitioners at the earliest.
Sd/- (Sanjay K. Agrawal) Judge B/-