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Neutral Citation No. - 2025:AHC:87034-DB Court No. - 3 Case :- WRIT - C No. - 8665 of 2025 Petitioner :- Anshani Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditaya Kumar Kashyap,Manish Kumar Pandey Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C. Hon'ble Salil Kumar Rai,J. Hon'ble Arun Kumar Singh Deshwal,J. The grievance of the petitioner in the present writ petition is that the local police as well as the officers of the Kanpur Nagar Nigam are interfering in the business of the petitioner of selling garland of flowers, flowers and Prashad for offering in Parmat Temple situated at Ganga River, Police Station- Gwaltoli, District-Kanpur Nagar. In light of the aforesaid grievance, the present writ petition has been filed praying for the following relief :-
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to take appropriate action upon the representation dated 01-03-2025 submitted by the petitioner in regard to the direction to the respondent no. 4 to not stop the petitioner from opening the shop and selling garland of flowers and flowers and Prashad for offering in Parmat Temple situated at Ganga River, Police Station-Gwaltoli, District-Kanpur Nagar." Standing Counsel was asked to seek instructions from the Police Commissioner, Commissionerate Kanpur and a perusal of the order-sheet dated 29.4.2025 shows that the instructions received by the Standing Counsel from the Assistant Police Commissioner stated that the allegations of the petitioner are false and baseless and on a spot inspection it was found that the shop of the petitioner was running unhindered and police had not restrained him from running his shop. However, the instructions received by the counsel of the Kanpur Nagar Nigam indicated that the petitioner has not yet been issued a vending certificate and the area in which the shop of the petitioner is situated is marked as 'no vending zone'. It was further stated in the instructions that the process for issuing vending certificate for vending/non vending zone and for deposit of fees for the said certificate is still under
consideration. Subsequently, a counter affidavit dated 13.5.2025 was filed by the Kanpur Nagar Nigam.
In paragraph No. 6 of the said counter affidavit, it has been stated as follows :-
"6. That in pursuance of letter dated 9.5.2025 the list of venders for vending/none vending/proposed vending is currently under preparation and will be completed within two months." A further counter affidavit has been filed today which does not add anything substantial. It has been disclosed in the counter affidavit filed on 13.5.2025 that the Town Vending Committee with the Municipal Commissioner as its Chairman, has already been constituted by order dated 8.5.2025. In light of the aforesaid facts and also in light of the Provision of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as, 'Act, 2014'), it would serve no purpose to keep the writ petition pending. The writ petition is disposed of with the direction that the Town Vending Committee shall publish the street vendors charter as required under Section 26 of the Act, 2014 within two months from today and on the application of the petitioner shall issue a vending certificate to the petitioner after requisite formalities are completed by the petitioner. Till street vendors charter is published, the Kanpur Nagar Nigam or any State-authority shall not prevent the petitioner from carrying on his business of selling garland of flowers, flowers and Prashad for offering in Parmat Temple situated at Ganga River, Police Station-Gwaltoli, District-Kanpur Nagar. With the aforesaid direction and observation, the writ petition is disposed of.
Order Date :- 22.5.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad