DEBANGSU BASAK,J. - (1.) The petitioners seek an order of restraint on the respondent nos.3, 5 to 8 and 9 from either evicting the members of the petitioner no.1 or relocating them at any other place.
(2.) Learned senior Advocate appearing for the petitioners submits that, the members of the petitioner no.1 is protected under provisions of Section 3(3) of the Street Vendors (Protection of
(3.) Livelihood and Regulation of Street Vending) Act, 2014. He draws the attention of the Court to earlier orders passed by the Court in two different matters. He submits that, by an order dated August 4, 2017 passed in a public interest litigation, the Hon'ble Division Bench directed the State authorities to frame the rules under the Act of 2014 and formulate a scheme as provided under such Act within 12 weeks from the date of the order. Neither the rules nor the schemes have been framed. Till such time the rules and schemes are framed under the Act of 2014, no authority is entitled to either evict or relocate a street vendor in view of the protection granted under the Act of 2014. He also relies upon an order dated December 22, 2017 passed in WP No.24962(W) of 2017 (Bisdhannagar Hawkers Union and Anr. v. The State of West Bengal and Ors.) in support of his contentions.;