Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10326 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1669/2023 Hon’ble Manoj Kumar Tiwari, J.
Ms. Mamta Bisht, Deputy Advocate General and Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand / respondent nos. 1 & 4.
2. This writ petition was filed on
9.6.2023. Registry has pointed out as many as six defects in the petition and several opportunities were given to the petitioner to remove those defects.
3. Since petitioner did not come forward for removing the defects, therefore, Registry placed the matter before this Court. Coordinate Bench vide
order dated 3.11.2023 had granted ten days time to petitioner for curing the defects, but despite this order, defects are not cured.
4. There is no one to represent the petitioner.
5. By means of this writ petition, petitioner has sought the following reliefs:-
“A. During the pendency of instant writ petition, issue an order or direction or writ, in the nature of Mandamus commanding the respondent nos 1, 2,3, and 4 to permit the petitioner to continue his work from the same place and provide temporary accommodation for working otherwise the petitioner shall suffer irreparable loss and injury, which cannot be compensated by any means.
B. Issue a writ, in the nature of Mandamus commanding the respondent nos,
2025:UHC:10326 respondent no 1, 2, 3 and 4 to provide proper shop in the same place, since the petitioner and his family has been working in the same place since more tan 20 years or
C Issue a writ, in the nature of Mandamus commanding the respondent nos. respondent no 1, 2, 3 and 4 to provide alternate shop to continue his business and earn his livelihood.”
6. From perusal of the writ petition, it is revealed that petitioner is selling his merchandise from a temporary shop constructed over land belonging to Bharat Heavy Electricals Ltd.
7. Provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 can have no application to a land belonging to Bharat Heavy Electricals Ltd. Thus, no protection can be granted to the writ petitioner in exercise of power under Article 226 of the Constitution.
8. The writ petition is, accordingly,
disposed of with liberty to the petitioner to approach a civil Court for the relief claimed by him.
(Manoj Kumar Tiwari, J.)
20.11.2025
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21CE 5, cn=NAVEEN CHANDRA Date: 2025.11.21 09:55:34 +05'30'