Thursday, October 6, 2022

Allahabad High Court refuses to intervene on petition against eviction notice to street vendors

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The Allahabad High Court has refused to intervene on the petition against the eviction notice of street vendors from GT Road in Chandauli.

The Division Bench of Justice Manoj Kumar Gupta and Justice Sameer Jain passed this order while hearing a petition filed by Sujeet Kumar and 25 Others.

The petitioners have prayed for quashing of notices, issued to them by respondents, mentioning that the petitioners are in unauthorized possession of part of G.T Road by raising tin shed structure and that they should remove the same within a week, failing which it will be removed by using JCB Machine and arrears of rent will be realized under Section 4 of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

The case of the petitioners is that they are engaged in selling of vegetables and fruits in pursuance of licences issued by Mandi Samiti. It is also the case of the petitioners that the respondents are trying to remove the petitioners without making any alternative arrangement for their rehabilitation.

On a query made by the Court as to whether there is any allotment in favour of the petitioners, counsel for the petitioners submitted that no such order has been filed with the writ petition.

The Court found that there is also no such pleading in the writ petition.

“The licence was for doing business and not for occupying the road Patri. Admittedly, there is no allotment order in favour of the petitioners. Accordingly, without interfering with the impugned notice, we permit the petitioners to approach respondents with a true attested copy of the instant order and representation for their rehabilitation and in which event it shall be considered in accordance with law”, the Court said while disposing of the petition.

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