- (1.) Petitioners are seeking mandamus commanding respondents not to dispossess them from vending business.
(2.) We have heard Sri Ram Surat Saroj, learned counsel for petitioners, learned Standing Counsel for State and Sri Kaushalendra Nath Singh, learned counsel for respondents.
(3.) Considering the same controversy, Hon'ble Chief Justice has passed an order on 13.01.2017 in Writ - C No. 1012 of 2017, Till Bahadur Rana & 13 Ors Vs. State of U.P. & 4 Ors which reads as under: "Heard Sri Ram Surat Saroj, learned counsel for the petitioners and Sri Shivam Yadav, learned counsel for the fourth respondent as well as the learned Standing Counsel for the State respondents. This writ petition has been preferred seeking a direction requiring NOIDA to allot a shop in favour of the petitioner. Learned Counsel for the petitioners has in his oral submissions additionally asserted that the respondents are seeking to dispossess the petitioner from the spot from where he is presently carrying on his vending business. Shri Shivam Yadav who has appeared for the respondent Authority has submitted that the Authority is yet to complete the survey of street vendors as envisaged under Section 3 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. He submits that since the process of survey is still ongoing, there is no iminent or present threat of eviction of the petitioners. He further submits that since a vending zone will come to be created only after completion of the survey contemplated under Section 3 of the Act, the Authority is presently in no position to allot a shop to the petitioners. Having noticed the submissions aforesaid, we dispose of this writ petition with the following directions: The authority shall undertake and complete the survey as contemplated under the 2014 Act and proceed to identify and create vending zones in accordance with the statutory provisions. As and when the vending zones are created, it shall be open for the petitioners to seek their registration as street vendors under the Act aforementioned and apply for allotment. In light of the submission made by Sri Shivam Yadav, as noted by us above, no further directions in respect of the prayer against dispossession are liable to be issued at this stage.";