Rashtriya Ekta Hawkers Union v. The State Of Maharashtra And 4 ORS.

wp-2045.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2045 OF 2015 Rashtriya Ekta Hawkers Union ... Petitioner

Versus

The State of Maharashtra and Ors.

... Respondents Mr. Ram Ugrah Singh for the Petitioner.

Mr. Bharat Mehta, AGP for the Respondent Nos.1, 3 and 5. Mr. Vinod Mahadik for the Respondent Nos.2 and 4. CORAM : A.S. OKA & C.V. BHADANG, JJ.

DATE : 8th JANUARY, 2016 P.C.

1.

Heard the learned counsel appearing for the Petitioner. The Petition is based on the allegation that the Respondents have violated the directions issued by the Apex Court under the Judgment and Order dated 9th September, 2013 in Civil Appeal No.4156-4157 of 2002. Paragraph 17 of the said Judgment clearly clarifies that the directions contained therein will continue to operate till appropriate legislation is brought into force. It is not in dispute that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short "the said Act") has come into force w.e.f. 1st May, 2014.

wp-2045.15 2.

In this Petition, there is no specific case made out that the persons for whose benefit the Petition has been filed are protected under the said Act. If certain members of the Petitioner have a grievance that the protection granted under the said Act is being violated, their remedy is to file appropriate proceedings in accordance with law. Hence, we decline to entertain the Petition. The Petition is disposed of subject to liberty as observed above. (C.V. BHADANG, J ) (A.S. OKA, J )