SHAILENDRA KUMAR v. DISTRICT MAGISTRATE UDHAM SINGH NAGAR
WPMS/221/2026 · 2026-01-20
Alok Mahra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 919 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 919 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:592 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No.221 of 2026 Hon’ble Alok Mahra, J.
Mr. Yogesh Upadhyay, Advocate for the petitioners.
Mr. Yogesh Chandra Tiwari, Mr. Gajendra Tripathi, Standing Counsel and Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand.
Mr. Davesh Bishnoi, Advocate for respondent no.4.
2. The petitioners, who are street vendors, have filed this writ petition challenging a show-cause notice dated 03.01.2026 issued under Section 152(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the Sub-Divisional Magistrate, Kashipur.
3. As per the petition, the petitioners have been carrying on the business of street vending in N.D.T. Market, near Kotwali, Kashipur, for the last 40 years. The impugned notice alleges that the petitioners have encroached upon State land and road measuring approximately 1400 sq. ft., causing congestion to the access road to the main market, and directs their removal in public interest. The petitioners have filed a reply through their counsel, and the matter remains sub-judice before the Sub-Divisional Magistrate, Kashipur.
4.
Learned counsel for the petitioners submits that, under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Municipal Corporation is mandatorily
2026:UHC:592 required to demarcate vending zones. Despite several directions from the Town Vending Committee, no such zones have been earmarked to date.
5.
Learned counsel for the respondent no.4 submits that the process of earmarking vending zones is underway and will be finalized upon approval by the State Government.
6. Since the matter is sub-judice before the competent statutory authority, this Court deems it inappropriate to interfere at this stage. However, the Court hopes and expects that the Sub-Divisional Magistrate, Kashipur, shall adjudicate the proceedings in accordance with law, including due
consideration of the provisions of the Street Vendors Act, 2014, as expeditiously as possible, preferably within a period of two months’ from the date of production of a certified copy of this order.
7. The writ petition is disposed of accordingly.
(Alok Mahra, J.) Vacation Judge
20.01.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20d ddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.20 18:07:50 +05'30'