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High Court Of ChhattisgarhWPC/656/2018disposed off

Shankar Shrivatava v. Municipal Corporation

2018-03-13Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No.647 of 2018 Waman Bansod S/o Manik Chand Bansod, aged about 50 years, R/o 54/2560, Pandit Ravi Shankar Shukla Nagar, Amanaka, Police Station-Saraswati Nagar, Raipur, Distt. 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) ---- Respondents WPC No.648 of 2018 Siddharth Khobragade S/o Babu Rao Khobragade, aged about 35 years, R/o 119, Shastri Nagar, Ward No.18, behind Teen Darshan Mandir, Camp -1, Supela, Police Station - Chhavani, Bhilai, Distt. Durg (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) ---- Respondents WPC No.656 of 2018 Shankar Shrivastava S/o Bishan Lal Shrivastava, aged about 50 years, R/o H.No.1805, Motilal Nagar, Kota, Police Station - Saraswati Nagar, Raipur, Distt. 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) ---- Respondents WPC No.694 of 2018 Jitendra Kumar Sahu S/o Rajkumar Sahu, aged about 26 years, R/o Pt. Ravi Shankar Shukla Nagar, behind Kaudh godown, Kukurbeda, Amanaka, Police Station - Amanaka, Raipur, Distt. 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) ---- Respondents WPC No.695 of 2018 Shravan Yadav S/o Nandram Yadav, aged about 50 years, R/o Ward No.12, Veer Shivaji Nagar, Kota, Ravi Shankar Shukla University, Raipur, Distt. Raipur (CG) Pin - 492010 ---- Petitioner

Versus

1. Municipal Corporation of Raipur Through its Commissioner, Municipal Corporation, Raipur (CG)

2. Secretary, Department of Urban Administration & Development Mantralaya, Raipur (CG) ---- Respondents WPC No.696 of 2018 Ram Sushil Pandey S/o Vindeshwari Prasad Pandey, aged about 52 years, R/o D.D. Nagar, Sector - 4, Raipur, Distt. 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) ---- Respondents And WPC No.697 of 2018 Sheikh Mukhtar S/o Sheikh Chhote, aged about 50 years, R/o 2877, Near Ravishankar University, Amanaka, Police Station - Saraswati Nagar, Raipur, Distt. 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) ---- Respondents For Petitioners :

Mr.Kishore Narayan, Advocate For Respondent No.1 :

Mr.Pankaj Agrawal, Advocate For Respondent No.2 :

Mr.Arun Sao, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/03/2018

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. 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 B/-