VISHAL GUPTA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
WRIC/5302/2025 · 2025-03-02
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19452 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:29153-DB Court No. - 3 Case :- WRIT - C No. - 5302 of 2025 Petitioner :- Vishal Gupta And 5 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- A.P. Singh Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioner.
2. Given the nature of the relief sought and the order we propose to pass, we are not issuing notice to the respondent no. 2.
3. This petition has been filed to challenge notices that have been enclosed collectively as Annexure No. 1 to the petition. By means of the aforesaid notices, the petitioners have been asked to remove the illegal permanent and temporary constructions made over the public land by way of encroachment.
4. The petitioners claim to be street vendors. Nothing has been pointed out by the learned counsel for the petitioners that they have been issued certificate of vending under Section 4 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The impugned notices themselves, direct for removal of alleged unauthorised constructions. If it is the case of the petitioners that no encroachment has been made by them on public land and that the constructions are authorised, it is for them to represent to the authorities concerned by way of reply to the notices. In case, replies/representations are made by the petitioners, we have no reason to doubt that the same would be duly considered by the authority. No interference, however, is called for in this petition.
5. Subject to the aforesaid observation, this petition is dismissed. Order Date :- 3.3.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad