Court No. - 4
Case :- WRIT - C No. - 36189 of 2017 Petitioner :- Rehdi Patri Sanchalak Welfare Association Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Surat Saroj,Harendra Singh Bhati,Navin Kumar,Prem Chand Saroj,Vijay Chandra Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Counter affidavit filed in the Court today, is kept on record. Learned counsel for the petitioner has stated that he has already filed a rejoinder affidavit to the counter affidavit, copy of which was served on him long ago.
This writ petition, inter alia, has been filed with the following prayer :-
"(i) issue a writ order or direction in the nature of mandamus directing the respondents not to dispossess from the shop of the members of Redhi Patri Sanchalak Welfare Association, Gautam Budh Nagar whcih are situated in different sectors of NOIDA and Greater Noida, district-Gautam Budh Nagar.
(ii) issue a writ order or direction in the nature of writ of Mandamus directing the concerned authority to give the benefit to the petitioner of Sections-3 and 27 of the State Vendor Protection of Livelihood and Regulation of Street Vendor Act, 2014.
Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent nos. 1, 3, 4 and 5 and Sri Kaushlendra Nath Singh, learned counsel appearing on behalf of NOIDA.
Learned counsel for the petitioner submitted that petitioner is an association of the Street Vendors who are running their shops for the last 10-15 years. He has further submitted that the members of the petitioner's association are eligible for allotment of the shop in vending zone by the NOIDA since they have been granted license under Food Security and Standards Act, 2006. This Court had earlier passed an order dated 18.1.2019 in Writ Petition No. 1162 of 2019 directing the NOIDA to consider the application of the petitioner for the allotment of shop in vending zone. It is further submitted that respondents authorities are harassing and trying to dispossess the members of the petitioners' association from the shop-in-question.
Considering the facts and circumstances of the case, this writ petition is finally disposed of with a direction to the petitioner to make a fresh representation before respondent No. 3, Collector/District Magistrate, Gautam Budh Nagar ventilating their grievances within six weeks from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its entire annexures and, if any such representation is made, respondent No. 3, District Magistrate shall make all endeavours to consider and decide the same in accordance with law expeditiously preferably within three months from the date of receipt of the said representation.
However, it is made clear that the benefit of this order shall be confined only to those members of the petitioners' association whose names are contained in the list, which has been annexed as Annexure 2 to the writ petition.
Order Date :- 31.07.2019. HR