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2025 DAILYLAW 80503 (ALL)

SHYAM KISHORE GUPTA v. STATE OF U.P. AND 2 OTHERS

WRIC/25615/2025 · 2025-08-18

Kshitij Shailendra, Mahesh Chandra Tripathi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140734-DB Court No. - 29 Case :- WRIT - C No. - 25615 of 2025 Petitioner :- Shyam Kishore Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J. 1. Heard Shri Neeraj Srivastava, learned counsel for the petitioner; Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State respondent nos.1 and 3 and Shri Kaushalendra Nath Singh, learned counsel for the Chief Executive Officer, Noida, District Gautam Budh Nagar (respondent no.2). 2. The instant writ petition is preferred for quashing the impugned order dated 26.05.2025 passed by the Police Commissioner, Gautam Budh Nagar. Further request is made to issue direction to the respondent authority to provide the detailed data of survey of existing street vendors for the proper and suitable allocation and adjustment of the petty shopkeepers. 3. Learned counsel for the petitioner submits that the petitioner is a street vendor and running a small shop in the specified vending zone of Noida, Gautam Budh Nagar. He submits that in 'Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014' (in short, Act, 2014), exhaustive procedure is provided to regulate street venders in public areas and protect their rights. The petitioner had moved an application dated 18.02.2025 before the respondent authority, raising his grievances. Once no action was taken, he had approached this Court by preferring Writ C No.6131 of 2025 (Shyam Kishore Gupta vs. State of UP and 4 others). He submits that inadvertently, while disposing of the aforesaid writ petition on 03.03.2025, the Police Commissioner, Gautam Budh Nagar was directed to take appropriate decision upon the aforesaid letter of the petitioner in accordance with law within twelve weeks, whereas under the Act, 2014 the Police Commissioner does not have any authority and while passing the order impugned, he has rightly observed that the authority has no locus in the instant matter to decide the claim set up by the petitioner. 4. The aforesaid factual aspect of the matter is not disputed by learned counsel for the respondents. 5. Considering the factual aspect of the matter, we find that the claim of the petitioner is to be addressed by the competent authority, as framed under the Act, 2014 and accordingly, the matter is relegated to the Chief Executive Officer, Noida, District Gautam Budh Nagar to look into the grievance of the petitioner and redress the same as per law. 6. With the aforesaid observations, the writ petition stands disposed of. 7. Needless to say that we have not expressed any opinion on the merits of the issue. Order Date :- 19.8.2025 RKP Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad