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2021 Supreme(UK) 508

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Mohammad Harun & Ors. - Appellants
Versus
Nagar Palika Parishad, Nainital - Respondent
Writ Petition (M/S) No. 2538 of 2021
Decided On : 15-12-2021

Advocates Appeared:
Amit Kapri, Advocate, K.K. Tiwari, Advocate

The court's decision was influenced by the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Headnote:

Mandamus - Street Vendors - The court directed the appropriate authority under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, to decide the fresh representations of the petitioners within six weeks.

Fact of the Case:

The petition was filed to issue a writ of mandamus directing the respondent, Nagar Palika Parishad, Nainital, to issue license of vendors to the petitioners.

Finding of the Court:

The court disposed of the writ petition with a direction to the appropriate authority to decide the fresh representations of the petitioners within six weeks.

Issues: The main issue was the issuance of vendor licenses to the petitioners.

Ratio Decidendi: The court's decision was based on the consent of the learned counsel for both parties and the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Final Decision: The Writ Petition (M/S) No.2538 of 2021 was disposed of with a direction to the appropriate authority to decide the fresh representations of the petitioners within six weeks.

JUDGMENT

Alok Kumar Verma, J. - This Writ Petition (M/S) has been filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondent, Nagar Palika Parishad, Nainital, to issue license of vendors to the petitioners, as per the resolution dated 08.10.2020.

2. Heard Mr. Amit Kapri, the learned counsel appearing for the petitioners and Mr. K.K. Tiwari, the learned counsel appearing for the respondent.

3. During the arguments, Mr. Amit Kapri, the learned counsel appearing for the petitioners, submitted that this writ petition may be disposed of with the direction to the appropriate authority under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, to decide the fresh representations of the petitioners within six weeks’ from the date of the presenting the fresh representations by the petitioners.

4. Mr. Amit Kapri, the learned counsel appearing for the petitioners, further submitted that the petitioners will file their representations before the appropriate authority, under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, within ten days’ from today.

5. The learned counsel appearing for the respondent also agrees on the submissions of the learned counsel appearing for the petitioners.

6. Therefore, in view of the facts and circumstances of the case and, on the consent of the learned counsel for both the parties, this Writ Petition (M/S) No.2538 of 2021 is disposed of with a direction to the appropriate authority, under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, to decide the fresh representations of the petitioners within six weeks’ from the date of the filing of the fresh representations by the petitioners along with the certified copy of this order.

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