VIJAI KUMAR Vs. Z P SHAHJAHANPUR

JUDGEMENT

(1.) The three petitioners from the town of Jalalabad, in the district of Shahjahanpur are vendors on a public road, which runs in front of the Civil Hospital in that town. This is the main road of the town they say, and this is not in issue. They also contend that they are lawful occupants of the road, as they pay Teh-bazari to the Municipal Board, for vending on the 'patri' of the public road They apprehend closure of their business as the place from where they carry it on is being auctioned for ten shops by the Zila Parishad, Shahjahanpur.

(2.) The petitioners contend that their right to do business on the public road cannot be curtailed, and the shops to be constructed by the Zila Parishad on the boundary of the Civil Hospital, next to the Katra and the Tehsil Marg ought to be restrained.

(3.) On the two wrongs which are being precipitated, the contention of the petitioners themselves, no writ can be issued to give redress to them. The first wrong is at the hands of the petitioners to vend on a public road, the other is by the Zila Parishad to initiate business, also on the public road by constructing shops. The issue is not even which of the three, between the petitioners', the Zila Parishad and the Municipal Board has the right to do business on a public road.