RAVINDRA SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-4-54
HIGH COURT OF RAJASTHAN
Decided on April 06,2017

RAVINDRA SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

M.N.BHANDARI, J. - (1.) By these writ petitions, the petitioners are basically seeking implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short "the Act of 2014"). Learned counsel submits that despite specific provision for constitution of Town Vending Committees and even to identify vending area, nothing has been done by the respondents. On constitution of the Town Vending Committee, survey needs to be made to identify the vending area followed by issuance of vending cards to the petitioners and similarly situated persons. The respondents were under an obligation to comply the mandate of the Act of 2014 but it is not implemented though the Rules for its implementation have also been made. In view of above, appropriate direction may be given for constitution of Town Vending Committee followed by survey and identification of vending area and, lastly, to issue vending cards. Till the aforesaid process is completed, the petitioners may not be disturbed in view of mandate of Section 3(3) of the Act of 2014. In absence of implementation of the Act of 2014, the petitioners are being harassed and, at times, displaced though involved in vending for last many years. Their livelihood has been affected due to malpractice of the state authorities, which include, the police and officers of the municipal corporation. They have no intention to implement the Act of 2014, thereby, misusing their position. The petitioners cannot run their business unless wishes of the officers are satisfied. They remain on mercy of the officers hence left with no option but to prefer these writ petitions. It is despite a fact that they are paying due license fee to the municipal corporation.
(2.) Learned counsel for the respondents submit that Town Vending Committees for Jaipur city have already been constituted. It was after the direction of this Court in the Writ Petition No.5155/2016. The first part of the Act of 2014 has already been implemented.
(3.) It is also informed that Rules have also been framed and notified on 15th February, 2016 thus implementation of the Act of 2014 and the Rules made thereunder would be undertaken. This Court has already given time frame for it while disposing the writ petition No.5155/2016 wherein even the period has been specified for issuance of vending cards. In compliance to the judgment aforesaid, survey of vending area would be made by the committee and municipal corporation followed by issuance of vending cards after due verification. The respondents would complete the exercise within the time frame given by this Court.;


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