Satya Parkash And Others v. State Of U.T Chandigarh And Others

CWP-7802-2019 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-7802-2019 Date of Decision: 20.3.2019 Satya Parkash and others

...Petitioners

Versus

State of UT, Chandigarh and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL.

PRESENT: Mr. R.S. Randhawa, Advocate for the petitioners. Ms. Suman Devi, Advocate for Ms. Deepali Puri, Advocate for respondents No.2 to 4. AJAY KUMAR MITTAL, J.

1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ of mandamus directing respondents No.3 and 6 to include the names of the petitioners in the survey list of street vendors prepared under the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014 (in short "the 2014 Act").

2.

For the purpose of regulation of street vending, the Parliament enacted 2014 Act (Annexure P-1). The petitioners are running their vends at Sectors 15, 31, 32, 35, 38 and 50, Chandigarh, as is clear from the challans and seizure memos (Annexure P-3 Colly). The said area had already been declared as vending zone. When the survey was being conducted, the petitioners had gone to their native villages and, therefore, GURBACHAN SINGH 2019.03.25 14:11 I attest to the accuracy and integrity of this document

CWP-7802-2019 -2their names were not included in the survey conducted by respondent No.6. Accordingly, the petitioners moved the representations (Annexure P-2 Colly) to respondent No.3 for entering their names in the list, but no response has been received till date. Hence, the present writ petition. 3.

Learned counsel for the petitioners submitted that for the relief claimed in the writ petition, the petitioners have moved the representations (Annexure P-2 Colly) to respondent No.3, but no action has so far been taken thereon.

4.

After hearing learned counsel for the parties, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.3 to take a decision on the representations (Annexure P-2 Colly), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of one month from the date of receipt of the certified copy of the order.

(AJAY KUMAR MITTAL) JUDGE March 20, 2019 (MANJARI NEHRU KAUL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2019.03.25 14:11 I attest to the accuracy and integrity of this document