PUSHPENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Dr. Kartikey Hari Gupta, learned counsel for the appellants-writ petitioners, Mr. Pradeep Joshi, learned Standing Counsel for the State Government, Mr. D.S. Patni, learned Senior Counsel for the Nagar Palika Parishad, Nainital and, with their consent, the Special Appeals are disposed of at the stage of admission.

(2.) The appellants-writ petitioners invoked the jurisdiction of this Court filing several Writ Petitions seeking a writ of mandamus directing the respondents to permit them to carry on vending in the Pant Park area, Mallital till the Town Vending Zone was finalized by the respondents as per the mandate of Section 3 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short the "2014 Act"?) and Rule 6(2) of the Uttarakhand Town Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016 (for short the "2016 Rules"?); a writ of mandamus directing the respondents to form a Town Vending Committee in terms of Section 22 of the 2014 Act and Rule 12 of the 2016 Rules; and a writ of mandamus directing the respondents to form a Town Vending Zone consisting of the area from VIP Parking till Gurudwara in Pant Park Area, Mallital.

(3.) The appellants-writ petitioners claim that, like other street vendors who were granted permission to sell their wares in terms of the order passed by a Division Bench of this Court in Writ Petition (PIL) No. 151 of 2015 dated 04.09.2018 (as clarified by order dated 08.10.2018), they were also selling their wares in the road between the VIP Car Parking to Gurudwara Sahib; and even without complying with the provisions of the 2014 Act and the 2016 Rules, they alone are being prevented from selling their wares at the said place.