OD-16 WPO/736/2025 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Sarat Book Distributors & Anr. Versus Kolkata Municipal Corporation & Others Before: The Hon’ble Justice RAJA BASU CHOWDHURY Date: 17th September 2026 Appearance: Mr. Suvasish Sengupta, Advocates Mr. Arnab Dutt, Advocate Ms. Samhita Mukherjee, Advocate for the petitioner Mr. Alak Kr. Ghosh, Advocate Mr. Suman Basu, Advocate for the KMC Mr. Nilotpal Chatterjee, Advocate for the Town Vending Committee Mr. Debashis Banerjee, Advocate Ms. Gargi Ray, Advocate Mr. Rakesh Jana, Advocate for the respondent nos.4 &5 1. This matter pertains to interference of the egress and ingress of the petitioners’ shop room situate at 18B, Shyma Charan Dey Street, Kolkata – 700073. The petitioners would complain that respondent nos. 4 and 5 have been vending by setting up temporary bookstalls in front of the petitioners’ shop room in such a way that egress and ingress of the petitioners’ shop have been interfered with. 2. When the aforesaid writ petition was moved on 15th December 2025 this Court having heard learned advocates for the respective parties and noting that the rights of the street vendors are protected under 2 The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter referred to as “the said Act”), was of the view that the Town Vending Committee which is statutory committee constituted under section 22 of the said Act should be added as a party respondent to the present writ petition. 3. Accordingly, the Commissioner of Kolkata Municipal Corporation who is an Ex-Officio Chairman of the Town Vending Committee was added as a party respondent in his capacity as Ex-Officio Chairman of the Town Vending Committee representing the Town Vending Committee having its office at 5, S. N. Banerjee Road, Kolkata. The added respondent was directed to file a report before this Court on or before the next date of hearing on the aspect as to whether the street/footpath in front of the premises no. 18B, Shyma Charan Dey Street, Kolkata – 700073 has been declared as vending zone. This Court, had, also directed that the respondent nos. 4 and 5 shall not stack any additional books which will lead to interference with the egress and ingress of the petitioners’ shop room. 4. By such order this Court also made it amply clear that the order shall not interfere with the rights of the respondent nos.4 and 5 to continue with their business, for the time being. 5. Subsequently, a report has been filed which is countersigned by not only the Municipal Secretary of the Kolkata Municipal Corporation but also by Executive Engineer (C), Assistant Engineer (C) and Deputy Municipal Secretary of the Kolkata Municipal Corporation. The report identified the location of the stall on a sketch map with 3 reference to the petitioners’ shop room. However, the same failed to identify whether the footpath/street adjacent to the petitioners’ premises is a vending zone. This apart, a Municipal Commissioner’s Circular No.07 of 2019-2020 has been disclosed which provides ‘further’ encroachment shall not be allowed. 6. Mr. Sengupta, learned Advocate for the petitioners would submit that the private respondents do not have any authority in law to continue with their business operation in front of the petitioners’ premises. He would also submit that notwithstanding the fact that the private respondents have a separate place of business, they are continuing with the business operation in front of the petitioners’ shop room. 7. The municipality, the Town Vending Committee and the private respondents are represented. 8. Having heard the learned advocates representing the respective parties, I find from the photographs disclosed in the present proceedings that the private respondents’ stall is not an isolated vending stall on Shyama Charan Dey Street, Kolkata – 700073. In fact there are several such similar stalls on the footpath. I also note that it is not the case of the petitioners that immediately on the private respondents commencing the vending operations the petitioners have rushed to Court. However, taking note of the fact that the town vending committee is now in seisin of the matter, I am of the view that at this stage it shall be prudent to leave the aforesaid issue to the town vending committee for a decision. 4 9. Accordingly the town vending committee is directed to take an informed decision upon giving opportunity to the interested parties on the issue as to whether the footpath in front of the petitioners’ premises situated at 18B, Shyma Charan Dey Street, Kolkata – 700073 is a vending zone and whether any authority has been granted in favour of the private respondents to continue with the vending business. Considering the fact that the private respondents are not the only persons who have vending stalls in the aforesaid area, the decision must not be limited/isolated to the private respondents. 10. The interim direction given earlier shall continue till such time a decision is taken by the town vending committee. It shall, however, be open to the town vending committee to pass appropriate decision as it deems proper in the matter without being influenced by the observations made hereinabove. It is expected that the decision to be made by the town vending committee shall be taken expeditiously and within a reasonable time. 11. In so far as the petitioners’ contention with regard to the private respondents carrying on business elsewhere is concerned, such submission does not find place in the pleadings and as such this Court is unable to place reliance on the same. 12. The writ petition thus stands disposed of. (RAJA BASU CHOWDHURY, J.) 5 R. Bose