Jamuna Kapadia v. Kolkata Municipal Corporation And ORS.

10.11.2025 Ct. 3 Item No.

A 14 Saswata WPA 21206 of 2024 Jamuna Kapadia

Versus

Kolkata Municipal Corporation & Ors.

Mr. Alok Kumar Ghosh, Sr. Adv.

Mr. Suman Basu ... For the KMC

1. The instant writ petition had been filed, inter alia, praying for a direction upon the Municipal authorities to return the vending stall, seized from the petitioner and to permit the petitioner to continue street vending on the pavement of Kolkata Municipal Corporation of Old Ballygunge Road (next to Ballygunge Phari Bus Stop), Ward No. 68, Ballygunge in compliance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as the "said Act").

2. It is the case of the petitioner that the petitioner along with her mother was selling snacks from the aforesaid site for the past several years. After the death of her mother, she continued with such activity. According to her, the respondents without conducting survey as envisaged under Section 3(1) of the said Act has not only illegally removed her from the said site but also has seized the vending unit / stall.

3. Though, after the writ petition was admitted, a report was called for, however, since today Mr. Ghosh, learned Senior Advocate representing the Kolkata Municipal Corporation on instructions submits that on the basis of the petitioner's application dated 6th November 2025, decision has already been taken by the Municipal Secretary, Kolkata Municipal Corporation to revolve the issue and provide the petitioner with a vending stall (non stationary moving cart), I am of the view that nothing survives in the instant writ petition. The same is accordingly disposed of with a direction upon the respondents to immediately implement their decision dated 7th November 2025 within a period of 4 weeks from date.

4. Let a copy of the communication / resolution dated 7th November along with the petitioner's representation dated 6th November 2025 be taken with the record.

5. All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website.

(Raja Basu Chowdhury, J.)