( 1 ) THE petitioner, Lila Dhar Joshi, has filed the present writ petition and seeks a writ of mandamus that the respondents, in effect, the administration at Nainital permit him to run the business of a general merchant on the roadside, nazul land, on the Haldwani Kathgodam road. The petitioner does not point out any illegality or error manifest or otherwise on which he is entitled to enforce any rule or law in his favour by which the Court could consider granting him a relief.

( 2 ) THIS is a simple case of the petitioner, and some others with him occupying the roadside of nazul land by payment of Tah Bazari and resisting eviction and, thus, claiming that they are entitled to be allotted a shop to run the business. A license to conduct Tah Bazari on the road side does not confer any right on the petitioner. Tah Bazari by itself does not give the petitioner any right to any particular spot of land or a place on the basis of which he could claim that he is being evicted from any particular area. This aspect that no one has any right to hold on to the roads or a pavement has been settled by the Supreme Court in the matter of Bombay Hawkers Union v. Bombay Municipal Corporation, AIR

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