Ramprasad Patel v. Municipal Corporation Of Raipur

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 279 of 2018 Ramprasad Patel S/o Shri Sitaram Patel, Aged About 40 Years R/o Sahupara Daganiya, P.S. D. D. Nagar Raipur Chhattisgarh., District : Raipur, Chhattisgarh Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi

4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents WPC No. 290 of 2018 Arun Kumar Kushwaha S/o S/o Shri Ram Bahadur Kushwaha, Aged About 22 Years, R/o Ramnagar, Near Police Chowki, Police Station Ramnagar, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh Corporation, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi

----Respondents WPC No. 312 of 2018 Arshad Farooqui S/o S/o Shri Mansur Farooqui, Aged About 40 Years R/o Pension Bada, Near Sulabh Shauchalaya, H-1, P.S. Kotwali, Raipur Corporation, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh Proverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi ----Respondents WPC No. 387 of 2018 Agnu Sahani S/o Shri Badai Sahani, Aged About 50 Years, R/o Mahua Bazar, Dumar Talab, P.S. Amanaka Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh Corporation, Raipur (Chhattisgarh), District : Raipur, Chhattisgarh Poverty Alleviation Nirman Bhavan New Delhi, District : New Delhi, Delhi

----Respondents And WPC No. 388 of 2018 Vibhu Kumar Singh S/o S/o Veer Bahadur Singh, Aged About 35 Years, R/o Veer Shivaji Nagar Kota, P.S. Sarswatinagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi ---- Respondents For Petitioner :

Ms. Rajni Soren, Advocate.

For Respondent No. 1 :

Mr. Pankaj Agrawal, Advocate.

For Respondents No. 2 to 5 :

Mr. R. N. Pusty, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/02/18 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. 01 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 'Act of 2014').

3.

On the other hand, learned counsel for respondent No. 01 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 three days from today. 4.

In view of the aforesaid statement made by learned counsel for the Municipal Corporation, Raipur, the writ petitions stands disposed of. The Municipal Corporation, Raipur is directed to strictly follow the provisions of the Act of 2014 and necessary certificate shall be issued in favour of the petitioners at the earliest.

SD/- (Sanjay K. Agrawal) Judge Priyanka