1 2025:CGHC:8630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5637 of 2024 1 Ramdayal Patel S/o Shri Indralal Patel, Aged About 49 Years R/o Near Bamleshwari Temple Daganiya, P.S.-D.D. Nagar, Raipur (C.G.) --- Petitioner(s) versus 1 Municipal Corporation Of Raipur, Through- Its Commissioner, Municipal Corporation, Raipur, District-Raipur (C.G.) 2 Secretary, Department Of Urban Administration And Development Mantralaya, Raipur, District-Raipur (C.G.) 3 Thana In-Charge, Police Station Saraswati Nagar, Raipur, District- Raipur (C.G.) 4 Vimal Sharma, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, Distict-Raipur (C.G.) 5 Vidhya Deshlahare, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, District-Raipur (C.G.) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.20 10:24:03 +0530 2 6 Sunil Nayak, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, District-Raipur (C.G.) 7 Mahesh Bans, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, District-Raipur (C.G.) --- Respondent(s) WPC No. 5636 of 2024 1 Amla Sahani W/o Agnu Sahani Aged About 47 Years R/o Mahua Bazar, Dumar Talab, P.S- Amanaka, Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur, District Raipur, Chhattisgarh. 2 Secretary Department Of Urban Administration And Development Mantralaya, Raipur, District Raipur, Chhattisgarh. 3 Thana In-Charge Police Station Saraswati Nagar, Raipur, District Raipur, Chhattisgarh. 4 Vimal Sharma Personnel Raipur Municipal Corporation, Zone No. 5, Municipal Corporation, Raipur, District Raipur, Chhattisgarh. 5 Vidhya Deshlahare Personnel Raipur Municipal Corporation, Zone No. 5, Municipal Corporation, Raipur, District Raipur, Chhattisgarh. 3 6 Sunil Nayak Personnel Raipur Municipal Corporation, Zone No. 5, Municipal Corporation, Raipur, District Raipur, Chhattisgarh. 7 Mahesh Bans Personnel Raipur Municipal Corporation, Zone No. 5, Municipal Corporation, Raipur, District Raipur, Chhattisgarh. --- Respondent(s) WPC No. 5506 of 2024 1 Shivraj Prasad Patel S/o Vasudha Prasad Patel, Aged About 47 Years R/o Near Bamleshwari Tample, Daganiya, P.S.- D.D. Nagar, Raipur, District-Raipur (C.G.) ---Petitioner(s) Versus 1 Municipal Corporation Of Raipur, Through- Its Commissioner, Municipal Corporation, Raipur, District-Raipur (C.G.) 2 Secretary, Department Of Urban Administration And Development Mantralaya, Raipur, District-Raipur (C.G.) 3 Thana In-Charge, Police Station Saraswati Nagar, Raipur, District Raipur (C.G.) 4 Vimal Sharma, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, District-Raipur (C.G.) 5 Vidhya Deshlahare, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, District-Raipur (C.G.) 4 6 Sunil Nayak, Personnel Raipur Municipal Corporation, Zone No. 5, Municipal Corporation, Raipur, District-Raipur (C.G.) 7 Mahesh Bans, Personnel Raipur Municipal Corporation, Zone No.5, Municipal Corporation, Raipur, District-Raipur (C.G.) --- Respondent(s) For Petitioner : Ms. Rajni Soren, Advocate. For Respondents/State : Shri Anmol Sharma, P.L. For Respondents No. 1, 4 to 7 / Municipal Corporation : Shri Pankaj Agrawal, Advocate Hon'ble Justice Shri Bibhu Datta Guru Order on Board 19/02/2025 1. Since the common facts and grounds are involved in these petitions, they are being considered and decided by this common order. 2. By the present writ petitions, the petitioners are questioning the interference of the Municipal Corporation with the business which is being operated by the petitioners by using ‘thela’ / hand cart. 3. Learned counsel for the petitioners submit that the Municipal Corporation is not complying with the provisions of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as ‘Act of 2014’) and they are confiscating the carts which are being operated by the petitioners 5 for earring their livelihood. 4. Learned counsel for the respondents/ Municipal Corporation by referring the intimation to the petitioners dated 05.08.2024, would submit that pursuance to the order dated 12.02.2018 passed by this Court in WPC No. 429 of 2018, notices were issued to the vendors and after hearing their grievance, petitioners were asked to operate their carts from the vending zone which are reserved for vending purpose, but the petitioners were not consented to the said proposal and for the said reason the representation filed by the petitioners were also rejected. He further submits that the petitioners may be directed to appear before the Municipal Corporation and they will consider their claim in accordance with the Act of 2014 and they will be permitted to continue their business in the proposed vending zone in accordance with the Act of 2014 by issuance of vending certificate to the said petitioners. 5. I have heard learned counsel for the parties and perused the pleadings and communication dated 05.08.2024 issued to some of the petitioners. 6. From perusal of communication dated 05.08.2024, it appears that the corporation is ready to allot specific place to the petitioners at various vending zones of the Municipal Corporation, however they have refused to accept the said proposal. Hence, considering the facts and circumstances of the case, the petitioners are directed to approach the concerned Zone Commissioner of Municipal 6 Corporation on 24.02.2025 and on the event of approach of the petitioners, the concerned Zone Commissioner shall allot specific place to the petitioners within the vending zone setup by the Municipal Corporation by issuance of vending certificate in accordance with the Act of 2014 within a period of 3 weeks from the date of appearance of the petitioners before the concerned Zone Commissioner. 7. With the aforesaid observation, the writ petition stands disposed off. SD/- (Bibhu Datta Guru) Judge Jyoti