30.06.2025 Sl. No.1 akd W. P. A. 4714 of 2025 [Ananda Sarkar &Ors. -Vs- The State of West Bengal &Ors.]

Mr. Parashar Baidya Mr. Soham Banerjee … … for the petitioners Mr. Surya Prasad Chattopadhyay Mr. Arjun Samanta … … for respondent nos.4 & 5 [Krishnanagar Municipality]

Mr. Gaurav Das Ms. Sanehayita De … … for the State

1. Exception to the report filed by the Chairman, Krishnanagar Municipality is taken on record.

2. The petitioners, asserting themselves to be street vendors engaged in vending activities from temporary stalls located between A.V. High School More to Amin Bazar More, Krishnanagar, Nadia, have approached this court by way of the present writ petition. They seek issuance of an appropriate writ particularly a writ in the nature of mandamus, directing the respondent-Krishnanagar Municipality to consider their representations dated 12.02.2025 and 17.02.2025 respectively, and further to restrain the respondent-Municipality from taking any coercive action towards their eviction from the said site, thereby allowing them to continue their vending activities.

3. It is the case of the petitioners that they have been carrying out vending activities in the said area for the past four decades. Initially, they had been operating from permanent structures within the local market premises. However, though structures were allegedly demolished by the respondent- Municipality on 26.07.2024, following which the petitioners resumed their livelihood by erecting temporary stalls in the vicinity. It is contended by the petitioners that despite their long standing presence, the respondent-Municipality have been continuously threatening them for eviction, which has created a state of uncertainty and hardship for them. The petitioners claims that they are entitled for the protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and accordingly have submitted representations dated 12.02.2025 and 17.02.2025 respectively seeking regularization of their vending activities. However, till date, the petitioners have not received any response on their aforesaid representations, thus, prompting them to invoke the writ jurisdiction of this court.

4. The respondent-Krishnanagar Municipality has filed report opposing the reliefs sought by the petitioners. It is contended therein that the petitioners have encroached upon public roads and drains by erecting unauthorized temporary structures, thereby obstructing pedestrian and vehicular movements. It is further pointed out that the area in question lies adjacent to A.V. High School, Krishnanagar, Nadia and that the encroachments are causing significant inconvenience to school going children as well as general public, especially during opening and closing hours of the school when the area experiences heavy congestion. It is stated that the prior permanent structures were removed after following due procedure including repeated public announcements over a span of fifteen days requesting voluntary removal. When the petitioners failed to comply, the respondent- Municipality took necessary steps to clear the encroachments in the interest of public safety and urban order.

5. This Court has heard the arguments advanced by the learned Advocates for the respective parties and perused the materials on record.

6. At the outset, it is the statutory obligation of municipal authorities to maintain public spaces such as roads and drains free from obstruction and unlawful encroachments. Simultaneously, the right to livelihood, particularly of street vendors who depend upon public spaces for their subsistence, must also be given due regard as recognized by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. However, such rights are not absolute and must be exercised in a manner which does not result in public inconvenience, public nuisance, obstruction or endanger public safety.

7. In the present case, given the proximity of a functioning e