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2025 DAILYLAW 14155 (JHR)

NATIONAL HAWKERS FEDERATION THROUGH ITS PRESIDENT JHARKHAND STATE INDRADEO MAHTO v. URBAN DEVELOPMENT DEPARTMENT

WPC/1571/2015 · 2025-08-12

Rajesh Shankar

Public Interest Litigationbody2025

Judgment text

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2025:JHHC:23246-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 3096 of 2014 National Hawker Federation, Ranchi Chapter, being represented through its Secretary Anita Das, D/o Swapan Das, having her office at, 237, Tirath Mansion, Main Road, P.O. GPO, P.S. Chutia, District – Ranchi. ... Petitioner Versus 1. The Union of India, Service through the Secretary, Ministry of Housing and Urban Poverty Alleviation, having office at Nirman Bhavan, PO- Nirman Bhawan, PS- Parliament, New Delhi; 2. The State of Jharkhand, through Chief Secretary, Project Building, P.O. and P.S. Dhurwa, District-Ranchi; 3. The Secretary, Department of Urban Development, Project Building, P.O. and P.S. Dhurwa, District- Ranchi; 4. The Secretary, Department of Home, Project Building, P.O. and P.S. Dhurwa, District- Ranchi; 5. The Secretary, Department of Labour, Employment & Training, P.O. and P.S. Dhurwa, District- Ranchi; 6. Ranchi Municipal Corporation, through Chief Executive Officer, Kachary, P.O. GPO, P.S. Kotwali, District- Ranchi; 7. Superintendent of Police, Traffic, Ranchi, Kachary Road, P.O. GPO, P.S. Kotwali, District- Ranchi; ... Respondents WITH W.P. (PIL) No. 1571 of 2015 National Hawkers Federation, through its President, Jharkhand State, Indradeo Mahto, S/o. Bhawani Mahto, resident of Baidhkaro, P.O. Baidhkaro, P.S. Gandhinagar (Bermo), District Bokaro. Versus 1. The State of Jharkhand 2. Chief Secretary, Government of Jharkhand, Project Building, Dhurwa, PO Dhurwa PS Jagannathpur, District Ranchi 3. Secretary, Urban Development Department, Government of Jharkhand, Project Building, Dhurwa, PO Dhurwa, PS Jagannathpur, District Ranchi 4. Deputy Commissioner, Ranchi, PO,PS and District Ranchi 5. Deputy Commissioner East Singhbhum, PO & PS Jamshedpur, District East Singhbhum 6. Deputy Commissioner, Bokaro, PO,PS and District Bokaro 7. Deputy Commissioner, Dhanbad, PO,PS and District Dhanbad. 8. Deputy Commissioner, Deoghar, PO, PS and District Deoghar. 9. Deputy Commissioner, Hazaribag, PO,PS and District Hazaribag. 10. Deputy Commissioner, Giridih, PO, PS and District Giridih 11. Deputy Commissioner, Koderma, PO, PS and District Koderma. 12. Estate Officer, Bokaro Steel Plant, Sector-1, Bokaro Steel City, PO, PS and District Bokaro 2025:JHHC:23246-DB 13. Chief Executive Officer, Bokaro Steel Plant, Administrative Building, Bokaro Steel City, Bokaro, PO, PS and District Bokaro 14. Chairman-cum-Managing Director, Bharat Coking Coal Limited, Koyla Bhawan, Dhanbad, PO, PS and District Dhanbad. 15. Chairman, D.V.C. Tower, V.I.P. Road, Kolkata, PO, PS and District Kolkata. 16. Chairman-cum-Managing Director, Tata Steel Limited, Jamshedpur, PO and PS Jamshedpur, District East Singhbhum 17. Chairman-cum-Managing Director, Central Coalfields Limited, Darbhanga House, Ranchi, PO, PS and District Ranchi 18. Chairman, Steel Authority of India Limited, Ispat Bhawan, Lodhi Road, New Delhi-110003. … … … Respondents WITH W.P. (PIL) No. 6047 of 2023 Naru Pahan, aged about 37 years, Son of Mangra Pahan, Resident of Kochdo, Hahap, P.O. & P.S.- Hahap, District – Ranchi, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Road Construction Department, Jharkhand, Ranchi, Ranchi College Road, Ranchi University, Morabadi, P.O.- G.P.O., P.S.-Ranchi University, District-Ranchi, Jharkhand. 3. The Deputy Commissioner, Jharkhand, Ranchi, Ranchi College Road, Ranchi University, Morabadi, P.O.-Godda, P.S.-Ranchi University, District-Ranchi, Jharkhand. 4. The Municipal Commissioner, Ranchi Municipal Corporation, Ranchi, Ranchi, Near Kutchery Road, Deputy Para, Ahirtoli, P.O.- G.P.O., P.S.-Kotwali, District-Ranchi, Jharkhand. 5. The Senior Superintendent of Police, Ranchi, Kutchery Road, Deputy Para, Ahirtoli, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi, Jharkhand. 6. The Superintendent of Police, Traffic, Ranchi, Kutchery Road, Deputy Para, Ahirtoli, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi, Jharkhand. 7. The Officer-in Charge, P.O. & P.S. Lalpur, District-Ranchi, Jharkhand. 8. The Chief Engineer, Ranchi Municipal Corporation, Ranchi, Kutchery Road, Deputy Para, Ahirtoli, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi, Jharkhand. 9. The Executive Engineer, Ranchi Municipal Corporation, Ranchi, Kutchery Road, Deputy Para, Ahirtoli, P.O.-G.P.O., P.S.-Kotwali, District-Ranchi, Jharkhand. … ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- 2025:JHHC:23246-DB For the Petitioners: Mr. Rajeev Kumar, Advocate Ms. Niteshwari Kumari, Advocate Mr. Ajay Kumar Sah, Advocate For the State: Mr. Rohit, A.C. to A.A.G.-I Mr. Aditya Kumar, A.C. to Sr. S.C.-I For the RMC: Mr. L.C.N. Shahdeo, Advocate For Giridih Municipal: Mr. Shadab Bin Haque, Advocate For the TSL: Mr. Manish Mishra, Advocate Mr. Raunak Sahay, Advocate For the DVC: Mr. Srijit Choudhary, Advocate Mr. Aayush Ojha, Advocate For the BCCL: Mr. Amit Kumar Sinha, Advocate For the CCL: Mr. Amit Kumar Das, Advocate For the DMC/Mihijam Nagar Parishad/ Phusro Nagar Parishad: Mr. Mahavir Pd. Sinha, Advocate Mr. Santosh Kr. Jha, Advocate For Gumla Nagar Parishad: Mr. Vishnu Prabhakar Pathak, Advocate For Pakur Nagar Parishad/ Jamtara Nagar Panchayat/ Barharwa Nagar Panchayat: Md. Imran Ansari, Advocate For Hazaribagh Municipal Corporation, Chatra/ Koderma/Khunti/Godda Nagar Parishad: Mr. Ranjit Kumar, Advocate For Chaibasa/Garhwa Nagar Parishad/ Bansidhar Nagar Panchayat, Garhwa Nagar Panchayat, Manjhiaon Nagar Panchayat, Garhwa: Mr. Dheeraj Kumar, Advocate For Jugsalai Municipality, Chakulia Nagar Parishad, Gumla Nagar Parishad, Chaibasa Nagar Parishad, Mango Municipal Corporation, Adityapur Municipal Corporation, Mahagama Nagar Parishad: Mr. Ranjan Prasad Sinha, Advocate --------- 68/Dated: 12.08.2025 Tarlok Singh Chauhan, C.J.(Oral) 1. These writ petitions are pending on the docket of this Court for over a decade and relate to the enforcement of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. 2. The Court has passed numerous orders to ensure that the provisions of the aforesaid Act are strictly enforced and specific directions have been passed directing the respondents to implement the entire directives as contained in para 21 of the judgment of the Hon’ble Supreme Court in the case of Maharashtra Ekta Hawkers 2025:JHHC:23246-DB Union and Another Vs. Municipal Corporation, Greater Mumbai and Others, (2014) 1 SCC 490. 3. Taking into consideration the orders that have been passed from time to time, we see no reason to keep these petitions alive as they have served their purposes. 4. Accordingly, we deem it appropriate to close these petitions reserving a liberty to the aggrieved parties to approach this Court by way of separate petitions. 5. Needless to state that State and its Agencies shall ensure strict compliance of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, as also the directives passed in Maharashtra Ekta Hawkers Union (supra) and any default in obeying such directives shall be constituted as a contempt of the orders of this Court. 6. These Writ petitions are accordingly disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) N.A.F.R. Manoj/Pramanik/Cp.2