Chattisgarh High Court
Rajesh Kumar Kushwaha vs Municipal Corporation Of Raipur 55 ... on 12 February, 2018
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 422 of 2018
Shambhu Singh Khushwaha S/o Shri Veer Bahadur Singh Khushwaha, aged
about 35 years, Veer Shivaji Nagar Kota, P.S. Sarswatinagar, Raipur, C.G.
---- Petitioner
Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal
Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development
Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban
Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District
Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur
Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents
Writ Petition (C) No.423 of 2018 Amla Sahani, W/o Agnu Sahani, aged about 35 years, R/o Mahua Bazar, Dumar Talab, P.S. Amanaka, Raipur C.G.
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2
---- Respondents Writ Petition (C) No. 424 of 2018 Ugrasen Patel, S/o Shri Indralal Patel, aged about 40 years, R/o Near Balmeshwari Temple, Daganiya, P.S. D.D. Nagar, Raipur, C.G.
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents Writ Petition (C) No. 425 of 2018 Ramjeet Singh S/o Shri Veer Bhadur Singh, aged about 20 years, R/o Veer Shivaji Nagar Kota, P.S. Sarswatinagar, Raipur, C.G.
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents 3 Writ Petition (C) No. 426 of 2018 Terash Kumar Singh, S/o Sukhlal Singh, aged aobut 35 years, R/o Gram Bhadora, Post Gawandri, Thana Tarraiya, District Chapra, Bihar.
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents Writ Petition (C) No. 427 of 2018 Ram Bahadur Kushwaha, S/o Jaleshwar Singh Kushwaha, aged about 50 years, R/o Near Ramnagar, Police Chowki, Police Station - Ramnagar, Raipur (C.G.)
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents 4 Writ Petition (C) No. 428 of 2018 Rajesh Kumar Kushwaha, S/o Shri Jaikishor Singh, aged about 25 years, R/o Veer Shivaji Nagar, Kota, Police Station Saraswati Nagar, Raipur (C.G.)
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents Writ Petition (C) No. 429 of 2018 Ramdayal Patel, S/o Shri Indralal Patel, aged about 36 years, R/o Near Bamleshwari Temple, Daganiya, P.S. D.D. Nagar, Raipur (C.G.)
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents Writ Petition (C) No. 430 of 2018 5 Daulal Vishwakarma, S/o Shri Siyaram Vishwakarma, aged about 40 years, R/o Vikash Nagar, Gudhiyari, P.S. Gudhiyari, Raipur (C.G.)
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents Writ Petition (C) No. 431 of 2018 Jaikishor Singh S/o Jaleshwar Khushuwaha, aged about 40 years, R/o Veer Shivaji Nagar, Kota, P.S. Saraswatinagar, Raipur (C.G.)
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents And Writ Petition (C) No. 432 of 2018 6 Vishwakarma Sharma, S/o Shri Dhupnath Sharma, aged aobut 40 years, R/o Adarsh Nagar Camp- 1, Bhilai, Thana- Chawni, District Durg, C.G.
---- Petitioner Versus
1. Municipal Corporation Of Raipur Through Its Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Secretary, Department Of Urban Administration And Development Mantralaya, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Union Of India Through Secretary Department Of Housing And Urban Poverty Alleviation Nirman Bhavan New Delhi., District : New Delhi, Delhi
4. Abhas Mishra Assistant Engineer, Municipal Corporation, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Thana In-Charge, Police Station Sarswati Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Respondents For Petitioners : Ms. Rajni Soren, Advocate. For Respondent No. 1 : Mr. Pankaj Agrawal, Advocate. For Respondents No. 2 to 5 : Mr. R. N. Pusty, G.A. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/02/18
1. Since common question of law and fact is involved in these batch of writ petitions, they are heard together and are being disposed of by this common order.
2. Learned counsel for the petitioners would submit that goods of the petitioners have been seized by respondent No. 01 without authority of law and without following the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (hereinafter called as 'Act of 2014').
3. On the other hand, learned counsel for respondent No. 01 would submit that the petitioners will be given places for vending temporarily and in 7 May, 2018 permanent places for vending will be given and goods seized shall be returned to them within three days from today.
4. In view of the aforesaid statement made by learned counsel for the Municipal Corporation, Raipur, the writ petitions stands disposed of. The Municipal Corporation, Raipur is directed to strictly follow the provisions of the Act of 2014 and necessary certificate shall be issued in favour of the petitioners at the earliest.
Sd/-
(Sanjay K. Agrawal) Judge Priyanka