- (1.) An application filed by the plaintiffs-petitioners for interim injunction in a suit for permanent injunction has been dismissed by the Courts below. Plaintiffs have filed a suit for permanent injunction to restrain the defendants-respondents from interfering in the business of the plaintiffs as street vendors engaged in business of selling food articles on their hand carts in Udyog Vihar Phase I, II, III, IV and V and HUDA Sectors 32 & 44, Gurgaon.
(2.) Counsel for the plaintiffs-petitioners has vehemently contended that the petitioners are poor persons who are dependent upon the sale of articles on their hand carts in the area in dispute. Their fundamental right of earning by adopting any profession is being infringed by the acts of the defendants-respondents.
(3.) Counsel for the defendants-respondents have argued that the plaintiffs are not permitted to obstruct the traffic in the streets and on public roads by parking their hand carts (Rehris). It is also argued that the area of Udyog Vihar being commercial area, there is no specific place provided for parking the hand carts but in other areas places have been provided for the hand carts in order to enable the street vendors to earn their livelihood. The Courts below have observed that the claim of the plaintiffs-petitioners is vague and they have not sought injunction regarding a particular area where they claim that they are running business of vending and hawking.;