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2025 DAILYLAW 10629 (UTT)

ARISH ANSARI v. STATE OF UTTARAKHAND

WPMS/2543/2025 · 2025-08-28

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7660 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2543/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Geetanjali Dhami, Advocate, holding brief of Mr. Amit Kapri, Advocate for the petitioners. 2. Mr. N.K. Papnoi, Standing Counsel for the State of Uttarakhand / respondent nos. 1 & 2. 3. Mr. Bhupendra Singh Bisht, Advocate for respondent no. 3. 4. According to the petitioners, they are street vendors, who are selling their merchandise from Barapatthar area, within municipal limits of Nainital. By means of this writ petition, they have sought the following reliefs:- “I) Issue a writ, order or direct the respondents to permit the petitioners to resume vending merchandise. II) Issue a writ, order or direction in the nature of mandamus commanding the respondents decide the pending representations of the petitioners and to allow them to work in the vending zone.” 5. Learned State Counsel and learned counsel appearing for Nagarpalika Parishad submit that the age of petitioner no. 1 as mentioned in the writ petition, is 21 years; while that of petitioner no. 2 is 22 years, therefore, the assertion made by learned counsel for the petitioner that they are running business in Barapatthar area, for last several years, cannot be believed. He, however, submits that identical issue 2025:UHC:7660 was decided by this Court in WPMS No. 2492 of 2019. 6. The writ petition is, accordingly, decided in terms of order dated 09.09.2020, passed in WPMS No. 2492 of 2019. Petitioners shall be at liberty to make application under Section 4 (2) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. If petitioners make application, within two weeks from today, then the Competent Authority shall examine as to whether petitioners are actually running business from Barapatthar area as alleged and since when. If it is found that petitioners are selling merchandise in Barapatthar area, then the necessary action shall be taken by the Competent Authority, for including their name in the list. (Manoj Kumar Tiwari, J.) 28.08.2025 Navin