Delhi High Court - Orders
Harendra Prasad Mahto vs Govt. Of Nct Of Delhi And Ors on 16 February, 2024
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7694/2023
HARENDRA PRASAD MAHTO ..... Petitioner
Through: Mr Manish Kumar Vickkey and Mr
Brajesh Pandey, Advocates along
with petitioner in person.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr Mohit Agarwal, Advocate for R-1
& 3.
Ms Reema Khorana and Mr Vikash
Kumar, Advocates for R-2/MCD.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORDER
% 16.02.2024
1. The petitioner has filed the present petition, inter alia, praying as under:
"(a) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 & 3 not to dispossess or obstruct or disturb the Petitioner in carrying on his trade from his respective squatting sites i.e. Budh Vihar, Monastery Market, Kashmiri Gate, City SP Zone, Ward No.83, Delhi in terms of section 3(3) of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 as well as the Delhi Street Vendors (Protection of livelihood and regulation of street vending) Rules, 2017 and The Government of National Capital territory of Delhi Street Vendors (Protection of livelihood and regulation of street vending) Scheme, 2019."
2. The petitioner is, essentially, aggrieved as he has not been permitted This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2024 at 23:17:10 to vend at the site in question despite being issued a Certificate of Vending (CoV).
3. The learned counsel appearing for respondent no.2 submits that the petitioner has not been granted license to vend at a particular site and cannot claim any right to vend from a fixed place. She also points out that in terms of Clause 11 of the terms and conditions of the CoV, the petitioner is required to move every thirty minutes or such further time as may be specified by the Town Vending Committee (TVC).
4. She has no objection if the petitioner carries on the vending activities strictly in accordance with the terms of the CoV.
5. The learned counsel appearing for the petitioner submits that the petitioner would strictly and scrupulously comply with the terms of the CoV.
6. In view of the above, the present petition is disposed of by directing the respondents not to interfere or obstruct the petitioner in carrying on its trade within City S.P. Zone, Ward No.83, Delhi (New Ward No.73). Subject to the petitioner carrying on the vending activities in accordance with law and in terms of the Certificate of Vending.
7. The petition is disposed of in the aforesaid terms.
VIBHU BAKHRU, J TARA VITASTA GANJU, J FEBRUARY 16, 2024 RK This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2024 at 23:17:10