Disposed

Rajesh v. Govt.of NCT of Delhi & Ors.

Delhi HC27 Feb 2024W.P.(C)/2064/2024

Case brief

AI extract

What is this about?

A certified street vendor petitioned for protection from dispossession or obstruction while vending fast food in Tilak Nagar. Respondents undertook not to disturb him so long as he complied with his Certificate of Vending, including mobile vending without a fixed place. Petition disposed with that direction.

What did the court decide?

Direction that petitioner not be disturbed in vending activities subject to compliance with CoV conditions.

Rajesh Vs Govt.of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2024)

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2064/2024 & CM No.8602/2024 RAJESH ..... Petitioner Through: Mr. Manish Kumar Vikkey, Mr. Brajesh Panndey & Mr. Kanchan Kumar Jha, Advs.

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Versus

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GOVT.OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Mohit Bhardwaj, Adv. for R-1&3. Mr. Nawal Kishore Jha & Ms. Kalpana Jha, Advs. for R-2.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON’BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 27.02.2024

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CM No. 8601/2024 (for exemption)

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Exemption is allowed, subject to all just exceptions.

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The application is disposed of.

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The petitioner has filed the present petition, inter alia, praying as

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under:

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“(a) Issue writ of Mandamus or any other appropriate writ or order directing the Respondent No.2 and 3 not to dispossess or obstruct or disturb the Petitioner in carrying on his small trade from his respective squatting sites i.e. “Fast Food items in front of Building No.17/5-B, Shop No.1, Shopping Complex Central Market, Tilak Nagar West Delhi-110018” , in terms of section 3(3) of the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 as well as the Delhi Street Vendors (Protection of livelihood and regulation of street vending) Rules, 2017 and The Government of National Capital territory of Delhi Street Vendors (Protection of livelihood and regulation of street vending) Scheme, 2019 and;

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The petitioner has been issued a Certificate of Vending (CoV) and the

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:28:54

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learned counsel appearing for respondent no.2 states that the petitioner would not be disturbed from carrying out his business activities provided he does so strictly in terms of the CoV.

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Mr. Nawal Kishore Jha, learned counsel appearing for respondent no.2 points out that in terms of the CoV, the petitioner has not been allocated any fixed place of vending and in terms of the CoV he is not allowed to vend from a fixed place. He is required to move, after every thirty minutes or at such time as may be determined by the TVC.

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The learned counsel for the petitioner also states that he will duly comply with the aforesaid terms of the CoV.

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In view of the above, the present petition is disposed of with a direction that the petitioner shall not be disturbed in carrying on the vending activities subject to the petitioner complying with the conditions of the CoV. Pending application is also disposed of.

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VIBHU BAKHRU, J

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TUSHAR RAO GEDELA, J

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FEBRUARY 27, 2024 ‘gsr’

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:28:54

Rajesh v. Govt.of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Rajesh v. Govt.of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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