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2023 Supreme(Del) 4495

IN THE HIGH COURT OF DELHI AT NEW DELHI
Siddharth Mridul, Talwant Singh, JJ.
Sukhdev – Appellant
Versus
Govt. of NCT of Delhi & Ors. – Respondents
W.P.(C) 5950 of 2023 & CM APPL. 23361 of 2023 (for direction)
Decided On : 08-05-2023

Advocates appeared:
Mr. Ram Narayan Singh, Advocate, for the Petitioner.
Mr. Abhinav Garg, Panel Counsel, GNCTD along with Mr. Mihir Gujjewar and Mr. Arjun Narang, Advocates, for the Respondent-1 & 3.
Mr. Sri Harsha Peechara, ASC along with Ms. Harshita Gupta, Advocate, for the Respondent-2/NDMC.

The court's decision emphasized the importance of addressing the petitioner's representation in accordance with the law and the provisions of the Street Vendors Act.

Headnote:

Article 226 - Street Vendors - The court directed the Town Vending Committee to determine the petitioner's representation in accordance with the law.

Fact of the Case:

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking relief related to the protection of livelihood and regulation of street vending.

Finding of the Court:

The court disposed of the writ petition with a direction to the Town Vending Committee to determine the petitioner's representation in accordance with the law.

Issues: The issue was related to the petitioner's request for relief under the Street Vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014.

Ratio Decidendi: The court's decision was based on the need to address the petitioner's representation in accordance with the law and the provisions of the Street Vendors Act.

Final Decision: The writ petition was disposed of with a direction to the Town Vending Committee, and no further relief was prayed for.

JUDGMENT

Siddharth Mridul, J. (Open Court)--The present writ petition under Article 226 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:

    "A. Direct the Respondents not to dispossess or obstruct or disturb the Petitioners in carrying on his trade from his site i.e. Near IOB, Janpath Bus Stand, Police Booth, Janpath Market, New Delhi, in terms of section 3(3) of the street vendors {Protection of Livelihood and Regulation of Street Vending} Act 2014 and;

    B. Direct the Respondents/Town Vending Committee to conduct the survey of the Petitioner within time bound manner and to issue certificate of vending in favour of the Petitioner as per the provisions of the Street Vendors {protection of livelihood and regulation of street vending} Act 2014.

    Any other relief which this Hon'ble Court may deem fit and proper, may be granted in favour of the Petitioner, keeping in view overall facts and circumstances and also in the interest of justice."

2. Learned counsel appearing on behalf of the petitioner, limits the relief in the present writ petition, to approach the duly constituted Town Vending Committee (TVC), at the first instance, in relation to the prayer clause (b) of the present writ petition; and to consider the petitioner's representation dated 10.04.2023, which is annexed as Annexure P-4, at the time the TVC carry out the subject survey, in accordance with law.

3. Having regard to the facts and circumstances attendant in relation to the present writ petition and having heard learned counsel appearing on behalf of the parties; we dispose of the present writ petition, with a direction to the Town Vending Committee, to determine the petitioner's representation dated 10.04.2023, in accordance with law, at an appropriate stage.

4. No further relief is prayed for.

5. The writ petition is disposed of accordingly. The pending application also stands disposed of.

6. A copy of this judgment be uploaded on the website of this Court.

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