VAKATAR SAMATBHAI GHUSABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners in the instant petition claiming themselves to be the "street vendors" have sought protection under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as "the said Act") for restraining the respondent No.2 from demolishing/removing their alleged constructions of shops and food stalls known as "Khetl apa Chawk" situated opposite to Karnavati Club, S. G. Road, Ahmedabad, pursuant to the notice dated 9.7.2018 issued by the respondent No.2 under Section 260(2) of the Gujarat Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "GPMC Act").

(2.) The petitioner No.1 claims to be the owner of Khetl apa Tea Stall, petitioner No.2 claims to be the owner of Indian Tadka, petitioner No.3 of Rumi Juice, petitioner No.4 of Jalaram Khaman, petitioner No.5 of Jaysingh Bhajiya, petitioner No.6 of Jilani Chat, and petitioner No.7 of Vimal Delux Pan Parlor, situated at the said "Khetl apa Chawk".

(3.) At the outset, it may be stated that the petitioner No.1 Vakatar Samatbhai Ghusabhai had earlier filed the petition being Special Civil Application No.10575 of 2018, seeking urgent circulation of the petition on the same day, on the ground that the Corporation had sought to remove his construction of Khetl apa Tea Stall without following the due process of law. In the said petition, he had filed certain documents to show that "Khetl apa" was a trade mark registered under the Trade Marks Act, 1999 in January 2018 for the goods and services as mentioned therein. The said documents also included the certificate of incorporation of "Khetl apa Food Products Pvt. Ltd." issued on 12.2018, incorporating the said Company under Section 7(2) of the Companies Act, 201 During the course of the hearing of the said petition, an amendment was sought by the learned Advocate Mr.Mangukiya for the petitioner, running into the pages more than the original petition changing the very nature of original petition. Since the Court was not inclined to grant the said amendment, the learned Advocate Mr.Mangukiya sought permission to withdraw the said petition with liberty to file fresh petition. The Court had granted the said permission. Now the present petition has been filed by the said petitioner of the earlier petition along with the other six petitioners claiming themselves to be the owners of the shops and stalls as mentioned earlier, known as "Khetl apa Chawk", posing themselves to be the "street vendors" and seeking protection under the said Act.