Disposed

MD Isak v. the Ranchi Municipal Corporation through Municipal Commissioner

Jharkhand HC9 Oct 2020WPC/4058/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a PIL regarding vendor market allotment, finding the petition had lost efficacy as steps for issuing certificates were underway. The Court directed the Town Vending Committee to expedite the certification process.

What did the court decide?

Directed the Town Vending Committee to expedite the process of grant of Vending Certificates to concerned vendors.

MD Isak Vs the Ranchi Municipal… — Pension and Retirement Benefits | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (PIL) No. 4058 of 2019

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Md. Isak, aged about 45 years, S/o. Md. Sabir, R/o. Darji Mohalla, Ansari

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Lane, P.O. & P.S.- Doranda, District – Ranchi, Jharkhand

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… … … … Petitioner

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Versus

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The Ranchi Municipal Corporation through Municipal Commissioner, Kachahary Chowk, Ranchi, P.O.- GPO, P.S.-Kotwali, District – Ranchi, Jharkhand

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The Municipal Commissioner, Ranchi Municipal Corporation, Kachahary Chowk, Ranchi, P.O.- GPO, P.S.-Kotwali, District – Ranchi, Jharkhand

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The State of Jharkhand

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The Secretary, Urban Development Department, Govt. of Jharkhand, Project Building, P.O. & P.S.- Dhurwa, District – Ranchi, Jharkhand

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… … … ... Respondents

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CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner: Mr. Rajeev Kumar, Advocate For the State-respondents: Mr. Deepak Kr. Dubey, A.C. to A.G.-II For the Respondents-RMC: Mr. L.C.N. Shahdeo, Advocate

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Oral Order 09/Dated: 09.10.2020

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With consent of the parties, hearing of this matter has been done through video conferencing. They have no complaint about any audio and visual quality.

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It appears from the order dated 12.06.2020 that the writ petitioner has confined his writ petition only to the reliefs sought for at paragraphs 1(B) and 1(D) of the writ petition which are as under: -

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“(B) For the direction upon the respondents not to allot the area of the Market to businessman who are non-vendors and interested to open their shops in the market on paying hefty charging amount to the Municipal authority by huge money illegally & also through back door method as this market is meant only for vendors.

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(D) For the direction upon the respondents to issue vendors certificate to 5901 surveyed vendors, out of that only 400 vendors have been given vendors certificate.”

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-2-

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Pursuant to the direction given in the earlier order, a counter affidavit has been filed by respondent Nos.1 and 2. It is stated in the counter affidavit that the survey of Street Vendors was done by M/s. Samman Foundation who was allotted the work for survey of the Street vendors after a competitive tender process was conducted by the Urban Development and Housing Department. M/s. Samman Foundation conducted the survey of 5901 Street Vendors who have already been given registration. The Town Vending Committee, which consists of 30 Members, of which 12 Members are directly elected from amongst the Vendors and 18 Members from the Government, is taking decision by majority.

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It has been further stated in the counter affidavit that a Lottery to allot the space to Street Vendors in the Vendor Market was held on 07.03.2019. When some objection was raised, the Town Vending Committee held a meeting on 02.04.2019 and 23.04.2019 and verified every vendor’s name allotted in the Vendor Market. The said list was approved by the Town Vending Committee in its meeting dated 29.04.2019. All the members have signed that list save and except the writ petitioner who has not signed the list even after it was finalized in the meeting. It has also been stated in the final list of the Committee, which is displayed on the Website of RMC as well as on its Notice Board, that for grant of necessary vending certificates the Town Vending Committee is already taking steps.

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In above view of the matter, we are of the view that now this writ petition has lost its efficacy and the same stands disposed of. However, before parting with the matter, we would direct the Town Vending Committee to expedite the process of grant of Vending Certificates to the concerned vendors.

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(Dr. Ravi Ranjan, C.J.)

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(Sujit Narayan Prasad, J.)

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Manoj/Raman

MD Isak v. the Ranchi Municipal Corporation through Municipal Commissioner

Case brief

What is this about?

What did the court decide?

MD Isak v. the Ranchi Municipal Corporation through Municipal Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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