Neutral Citation No. - 2025:AHC:12372-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.16) Court No. - 21 Case :- WRIT - C No. - 41436 of 2024 Petitioner :- Badal Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is aggrieved by an order dated 19.11.2024 passed by respondent no.3 rejecting the claim of the petitioner for allotment of a vending zone. The impugned order records that the petitioner could not file any evidence to prove that he had filed any application in the year 2018 for allotment of vending zone. It is further stated that the survey was conducted by the Authority on the basis of applications received in the year 2018 and the petitioner has also not disclosed whether his name was included in the survey list or not. Respondent no.3 also recorded in its order that street vendors who made claim in 2018 are still to be allotted vending areas and therefore, the claim of the petitioner has been found to be unsustainable. 2. Learned counsel for the petitioner places reliance on an acknowledgement annexed at page-27 of the writ petition (Annexure-2), which evidences that an application for street vending in Sector-29, Noida was filed on 01.11.2018. It is further submitted that the survey report is a document prepared by the respondent-Authority and therefore, respondent no.3 should have looked into the said report itself. 3. Sri Kaushalendra Nath Singh, learned counsel for the respondent Authority concedes that the survey report was prepared by the Authority and consequently it was the burden of the Authority to demonstrate therefrom as to whether the name of the petitioner finds place in the same or not. 4. Having considered the rival submissions, we are of the opinion that the impugned order is liable to be quashed on the sole ground that respondent no.3 had failed to consider the survey report of the survey conducted on basis of applications submitted in the year 2018. Moreover, the petitioner has filed an acknowledgement as noted above, though for the first time in the instant petition and in the interest of justice, we are of the opinion that the same also requires to be verified and considered by respondent no.3. 5. Accordingly, the impugned order dated 19.11.2024 is hereby quashed. 6. The matter is remitted to respondent no.3 for a fresh consideration in the light of the observations made above. 7. The instant petition stands disposed of. Order Date :- 23.1.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad