Dismissed

Asif Pasha, 36 Yrs v. the Commissioner

Karnataka HC14 Jun 2016WP/28461/2015

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed writ petitions by street vendors seeking directions to prepare a vending plan under the Street Vendors Act 2014 and protection from eviction. The Court held that mandamus for general compliance was unnecessary as the Corporation is statutorily bound to comply, and specific violations must be established.

What did the court decide?

Writ petitions disposed of with no order as to costs; petitioners retained liberty to approach the Commissioner for license and permission to carry on business.

Asif Pasha, 36 Yrs Vs the Commissioner — Pension and Retirement Benefits | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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Dated this the 14^th day of June, 2016

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Before

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THE HON’BLE DR JUSTICE VINEET KOTHARI

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Writ Petitions 28461-462 c/w 43960 – 44030 / 2015 (LB-RES)

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WPs 28461-462/2015

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Between

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Asif Pasha, 36 Yrs S/o Munavar Pasha R/at. # 153, Mahadevapura Main Road, Shanthi Nagar Mysore – 570 019

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Gaffar, 35 Yrs S/o Late Ahmed Pasha R/at. # 714, Lake Main Road K N Pura, Udayagiri Mysore – 570 019

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….. Petitioners

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(By Sri. R S Ravi, Adv., for Sri. Chandan T J, Advs.)

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And

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The Commissioner Mysore City Corporation Mysore – 570 001

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…. Respondent

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(By Sri H C Shivaramu, Adv.)

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1 Nasir Khan, 35 Yrs S/o Haifiz Khan R/at. No.EWS 831 Kalyanagiri, Sathagalli Mysore – 570 019

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2 Zakaulla Khan, 40 Yrs S/o Nazir Khan R/at. No.195, Ghousia Mazid Ghousia Nagar, Mysore-570019

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3 Shabaz Pasha, 25 Yrs S/o Fayaz Shariff R/at. No.660, Beedi Colony Azeez Sait Nagar, Mysore-570019

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4 Saifulla Khan, 39 Yrs S/o Rahamathulla Khan R/at. No.2260, Mandi Mohalla Mysore – 570021

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5 Mubarak Pasha, 36 Yrs S/o Pashalal R/at. No.195/2, 4^th Cross Manandavadi Road, N H Palya J P Nagar, Mysore – 570 004

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6 Akram Jan, 36 Yrs S/o Shaikh Abdul Khadar R/at. No.2553, Erakatte Street Lakshmar Mohalla, Mysore-570021

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7 Rafi Ahamed, 50 Yrs S/o Abdul Khalaq R/at. No.224, Hyder Ali Road Ghousia Nagar, Mysore – 570019

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8 Mohammed Azgar, 40 Yrs S/o Abdul Azeez R/at. No.331, 3^rd Cross Sulthan Road, “C” Block Ghousia Nagar, Mysore-570019

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9 Abdul Muheeb, 32 Yrs S/o Abdul Jabbar R/at. No.2706, 1^st Stage Madagowda Circle Rajeev Nagar, Mysore-570019

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10 Nyamathulla, 35 Yrs S/o Abdul Ameer R/at. No.6, 7^th Cross, 2^nd Stage Belavatha Grama, Kesare, Mysore

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11 Syed Usman, S/o Syed Yousuf 41 Yrs, R/at. No.430, 6^th Cross 2^nd Stage, Kalyanagiri Mysore-570019

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12 Zakir Khan, 27 Yrs S/o Hafeez Khan R/at. No.EWS 831, 4^th Stage Kalyanagiri Nagar, Mysore-570019

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13 Akram Shariff, 32 Yrs S/o Satthar Shariff R/at. No.141, Beedi Colony Azeez Sait Nagar, Mysore-570019

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14 Saleem Hussain S/o Shajan 32 yrs, R/at. No.110/23, Sultan Road 12^th Cross, Ghousia Nagar Mysore – 570019

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15 Syed Azhar, 40 Yrs S/o Syed Mazhar R/at. No.277, 1^st Stage Rajeev Nagar, Mysore-570019

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16 Mohammed Hussain, 27 Yrs S/o Mohammed Peer R/at. No.768, MIG-1 Kalyanagiri, Mysore-570019

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17 Abdul Mujeeb, 33 Yrs S/o Abdul Jabbar R/at. No.2706, 1^st Stage Madegowda Circle, Rajeev Nagar Mysore – 570 019

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18 Tabraz Khan, 32 Yrs S/o Rahamatulla Khan R/at. No.2260, 1^st Cross Sade Road, Mandi Mohalla Mysore – 570 021

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19 Mohammed Ajmal, 37 Yrs S/o Mohammed Iqbal R/at. No.B-45, Tippu Circle Bada Makhan, Mysore-570007

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20 Adil Pasha, 35 Yrs S/o Soukath Jan R/at. No.3137, 1^st Cross N H Palya, Mysore-570004

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21 Munawar Pasha, 44 Yrs S/o Late Syed Abdul Rahim R/at. No.236, 6^th Cross Sultan Road, “C” Block Ghousia Nagar, Mysore-570019

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22 Khalid Khan, 35 Yrs S/o Late Maqbool Khan R/at. No.375, Beedi Colony Azeez Sait Nagar, Mysore-570019

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23 Mohammed Ibrahim, 40 Yrs S/o Late Mohammed Kasim R/at. No.127, 9^th Cross Shanthi Nagar, Mysore-570 019

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24 Farooq Shariff, 30 yrs S/o Satthar Shariff R/at. No.141, Beedi Colony Azeez Sait Nagar, Mysore-570019

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25 Rizwan Pasha, 32 Yrs S/o Sardar Pasha R/at. No.57, New Bada Makhan Tippu Circle, N R Mohalla Mysore – 570 007

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26 Nazeem Shariff, 25 Yrs S/o Mazbul Shariff R/at # 366, 16^th Cross

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Usmania Block, Ghousia Nagar Mysore 19

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27 Dawood Khan, 31 yrs S/o Anwar Khan

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R/a # 870, Sultan Road Ghousia Nagar, Mysore

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28 Touheed Ahamed, 31 yrs S/o Nisar Ahamed R/a # 1082, K N Pura Mysore

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29 Mohammed Asadulla, 39 yrs S/o late Abdul Azeez R/a # 127, 2^nd Stage Gayathripuram, Mysore

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30 Imran Pasha, 23 yrs S/o M. Ghouse Peer R/at No.42, Tippur Circle “B” Block, Bada Makhan Mysore – 570 007

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31 Habeeb Pasha, 34 yrs S/o late Shaik Anwar R/at No.8, 2^nd Cross “A” Block Ghousia Nagar, Mysore – 570 019

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32 Kaleem Hussain, 30 yrs S/o late Syed Mohammed R/at No.372, 3^rd Cross, “C” Block Ghousia Nagar, Mysore – 570 019

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33 Akmal Pasha, 42 yrs S/o Iqbal Pasha R/at No.45, Bada Makhan Tippu Circle, N R Mohalla Mysore – 570 007

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34 Irfan Pasha, 31 yrs S/o Afroz Pasha R/at No.931, EWS, 4^th Cross Kalyanagiri, Mysore – 570 019

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35 Mohammed Sadiq Pasha, 43 yrs S/o late Mohammed Dastagir R/at No.207, Sultan Road, “C” Block Ghousia Nagar, Mysore-570019

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36 Ayub Khan, 34 yrs S/o Nayeem Pasha R/at No.2277, 5^th North Cross

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B M 20/1, Sawday Road Mandi Mohalla, Mysore-570 021

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37 Layeeq Baig, 29 yrs S/o Sajjad Baig R/at. No.1217, 5^th Cross, Faram Colony Ghousia Nagar, Mysore – 570 019

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38 Nadeem Pasha, 23 yrs S/o Sardar Pasha R/at. No.57, New Bada Makhan Tippu Circle, Mysore-570 007

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39 Sadiq Pasha, 32 yrs S/o Mohammed Ismail R/at. No.1095, Abu Bakkar Road K N Pura Badavane, Udayagiri Mysore – 570 019

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40 Mohammed Suheeb Khan, 27 yrs S/o late Abdul Majid Khan R/at. No.2259, Sadway Road Mandi Mohalla, Mysore-570 021

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41 Mohammed Muheeb Khan, 27 yrs

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S/o late Abdul Majid Khan R/at. No.2259, Sadway Road Mandi Mohalla, Mysore-570 021

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42 Wasim Khan, 31 yrs S/o Zameer Khan R/at. No.620, Beedi Colony

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Azeez Sait Nagar, Mysore-570019

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43 Zameeruddin, 26 yrs S/o Rafiquddin R/at. No.1089, H G Road

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K N Pura, Mysore-570 019

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44 Afsar Pasha, 51 yrs S/o late Mohammed Ameer R/at. No.240, 5^th Cross, 2^nd Stage Naidu Nagar, Mysore – 570 007

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45 Imran Khan, 35 yrs S/o Zameer Khan R/at. No.620, Beedi Colony Azeez Sait Nagar, Mysore-570019

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46 Aatiq Baig, 32 yrs S/o Sajjad Baig R/at. No.1217, Faram Colony Ghousia Nagar, Mysore-570019

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47 Kaleem Pasha, 27 yrs S/o Shabber Ahamed R/at. No.527, Beedi Colony Azeez Sait Nagar, Mysore-570 019

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48 Hilal Ahmed, 35 yrs

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S/o Iliyaz Ahmed

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R/at. No.116, LIG-1, 1^st Stage

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K M Halli, HUDCO, Mysore-570019

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49 Liyakth Pasha, 37 yrs

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S/o late Shaik Anwar R/at. No.8, 2^nd Cross, “A” Block Ghousia Nagar, Mysore-570019

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50 Navid Baig, 42 yrs S/o late Mahaboob Baig R/at. Siddiq Nagar, Mysore

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51 Syed Ayub, 44 yrs S/o Syed Usman R/at. No.2362/3, Lakshar MOhalla

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Mysore – 570 021

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52 Nayeem Baig, 42 yrs S/o late Anwar Baig R/at. No.924, Beedi Colony

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Azeez Sait Nagar, Mysore-570019

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53 Mahaboob Baig, 48 yrs S/o Sabulal Sab R/at. No.871, 12^th Cross, Sultan Road Ghousia Nagar, “C” Block, Mysore-570019

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54 Akram Pasha, 49 yrs S/o Nazeer Ahmed R/at. No.2600/6, Erakatte Street Lakshar Mohalla, Mysore-570021

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55 Mohammed Farooq, 30 yrs S/o Maqbool Ahamed

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R/at. No.46, 2^nd Cross, Mahadevapura Road South Bolck, Shanthinagar Mysore-570 019

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56 Saleem Khan, 35 yrs S/o Abdul Rasheed Khan R/at. No.934, Beedi Colony

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Azeez Sait Nagar, Mysore-570019

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57 Imran Ahmed, 24 yrs S/o Nissar Ahmed R/at. No.919/B, Devanur Ration Depot Road, K N Pura, Mysore-570019

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58 Moohammed Azeem Pasha, 48 yrs S/o Mohammed Usman Sab R/at. No.1955, 1^st Stage, Rajeev Nagar Mysore – 570 019

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59 Abdul Kaleem, 24 yrs S/o late Ahamed Pasha R/at. No.714/1, 1^st Cross K N Pura, Mysore-570 019

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60 Ghouse Baig, 25 yrs S/o Sabulal Sab R/at. No.871, Sultan Road Ghousia Nagar, Mysore-570 019

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61 Amjad Pasha, 34 yrs S/o late Babu R/at. No.121, LIG, K H B Colony Kalyanagiri, Mysore – 570 019

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62 Ilyaz Khan, 27 yrs S/o Ismail Khan

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R/att. No.542, 13^th Cross K N Pura, Mysore – 570 019

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63 Imtayaz Khan, 25 yrs S/o Ismail Khan R/at. No.542, 13^th Cross

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K N Pura, Mysore-570 019

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64 Nayaz Khan, 20 yrs S/o Ismail Khan R/at. No.542, 13^th Cross K N Pura, Mysore-570019

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65 Syed Fazal, 34 yrs S/o Alla Bakash R/at No.48, 17^th Cross Shanthi Nagar, Mysore-570 019

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66 Syed Mudasir, 32 yrs S/o late Syed Mazhar R/at. No.277, 1^st Stage Rajeev Nagar, Mysore-570019

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67 Syed Mukram Pasha, 42 yrs S/o late Syed Abdul Rahaman R/at. No.236, 6^th Cross, Sultan Road

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“C” Block, Ghousia Nagar, Mysore-570019

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68 Mohamemd Siddiq, 47 yrs S/o Basheer Ahmed R/at No.70, Near Meraj Masjid Subash Nagar, Mysore-570007

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69 Mohammed Yousuf, 26 yrs S/o Mohammed Dastagir

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R/at No.92, “C” Block, Sathya Nagar Udayagiri, Mysore-570019

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70 Mudasir Khan, 30 yrs

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S/o Rahamathulla Khan R/at No.2260, Sadway Road Mandi Mohalla, Mysore-570021

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71 Syed Hasim, 27 yrs

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S/o Late Syed Iqbal

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R/at. No.767, Azeez Sait Nagar Beedi Colony, Mysore-570019

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….. Petitioners

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(By Sri. R S Ravi, Adv., for Sri. Chandan T J, Adv.)

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And

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The Commissioner Mysore City Corporation Mysore – 570 001.

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…. Respondent

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(By Sri H C Shivaramu, Adv.)

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Writ Petitions are filed under Art.226/227 of the Constitution praying to direct the respondent to prepare a plan for street vending, to promote the vocation of street vendors and to take steps to appoint town vending committee in order to relocate or evict the street vendors as per the street vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 & etc. and also to direct the respondents not to evict the petitioners from the place of their business at backside of Tempo Stand near Gandhi Square, Mysore, etc.

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The Petitions coming on for Orders this day, Court made the following:

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ORDER

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Mr R S Ravi for Sri Chandan T J, Adv. For Petnr. Mr H C Shivaramu, Adv. For Respdts.

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1 Both these writ petitions are disposed of by this common order.

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2 Petitioners in these two writ petitions are up against the Mysore

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City Corporation claiming that they are street vendors carrying on the business in the small temporary constructions or sheds raised by them

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at public places and the authorities of the respondent Mysore City Corporation off and on evict them from their respective places, where they are carrying on their business on day to day business and being poor self-employed people, they are entitled to the protection under the recently enacted Act viz., Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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3 Mr R S Ravi, learned counsel for the petitioners urged that despite several representations, the authorities of the respondent Corporation have failed to abide by the provisions of the aforesaid Act

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of 2014 and without any prior notice or orders, they just visit the public

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places where the petitioners are carrying on their business and

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forcefully evict them from the places like Gandhi Square, Corporation Office and various other places in Mysore City where they carry on the

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business of vending belts, wallets, clothes, etc. The prayers made in the writ petitions are quoted below for ready reference:

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In WP 28461-462/2015

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a. issue a writ of mandamus directing the respondent to prepare a Plan for street vending, to promote the vocation of street vendors and to take steps to appoint Town Vending Committee in order to relocate or evict the street vendors as per the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2015;

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b. issue a writ of mandamus directing the respondent not to evict the petitioners from the place of their business at Gandhi Square, Mysore without following the procedures contemplated in the Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014;

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c. Issue such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and in the circumstances of the above case.

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In WPs 43960-44030/2015

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a. Issue a writ of mandamus directing the respondent not to evict the petitioners from the place of their business at backside of Tempo Stand near Gandhi Square, Mysore without following the procedures contemplated in The Street Vendors (Protection of Livelihood & Regulation of Street Vending) Act, 2014

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b. Issue such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and in the circumstances of the above case.

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4 While entertaining the present writ petitions, a co-ordinate

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Bench of this Court, on 13.7.2015, directed the parties to maintain

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status-quo till the next date but that ad-interim order came to be

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vacated after hearing both the parties on 9.3.2016 while allowing IA 2/2015.

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5 Mr H C Shivaramu, learned counsel appearing for the respondent

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Corporation, referring to the statement of objections filed by him, also submitted that the provisions of the aforesaid Act of 2014 have already

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been complied with and a Town Vending Committee for each zone or

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ward has been constituted. He drew the attention of this Court

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towards Annexure R6 dated 30.6.2014 by a Committee comprising of the Commissioner of Mysore City Corporation as the Chairperson of the

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said Committee and other Members which include the Mayor, Commissioner, Deputy Commissioner of Police, Joint Director of Town Planning, Revenue Officer, certain members of NGOs and about eight registered street vendors was constituted. He also submitted that after vacation of the ad-interim order on 9.3.2016, the prayer no.(a) of the petitioner street vendors who do not hold any registration or license under the provisions of the said Act or under the provisions of the Karnataka Municipalities Act, 1964, does not survive. He also submitted that if the petitioners still have any grievance in the matter, they can

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approach the respondent Municipal Corporation by way of a representation which will be considered in accordance with law.

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6 He also submitted that one Mr Ayub Khan claiming to be the President of the State Samaja Rakshana Vedike has unauthorisedly allowed the present petitioners to squat and do their vending business at public places without appropriate license and registration under the provisions of the Act and they have no legal right to carry on the

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business at the said place without complying with the requisite bye-

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laws and Regulations in this regard.

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7 I have heard the learned counsel at some length, perused the

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record and the provisions of the aforesaid Act of 2014.

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8 A perusal of the preamble, Statement of Objects and Reasons of

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the said Act of 2014 and some of the provisions of the said Act like the definition of ‘Street Vendors’ ; Ss.3 & 4 in Chapter II providing for regulation of street vending; Chaper III providing for rights and obligations of street vendors; S.8 providing for vending fees to be charged from every vendor; provisions in Chapter IV for the relocation and eviction of street vendors; Chapter V providing for dispute redressal mechanism; Chapter VII providing for constituting of the Town Vending Committee, etc., indicates that the said enactment is a beneficial legislation for the poor and small time street vendors providing for a procedure to be followed by the Municipal Corporation regulating their

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business and providing them some space on the public places while

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maintaining law and order and hygiene of the Town or City in terms of

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the guidelines laid down by the Committee constituted by the Hon’ble

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Supreme Court vide Annexure R5 dated 3.3.2015.

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9 It is submitted by learned counsel for the respondent Corporation that in accordance with the letter and spirit of these directions and provisions of the Act of 2014, not only a Town Vending Committee has been constituted in terms of S.22 of the Act of 2014, but the petitioners before this Court can also apply for seeking appropriate license under the said Act, in accordance with the Rules.

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10 Having heard the learned counsel for parties, this Court is of the

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opinion that giving of any mandamus or direction to the respondent Municipal Corporation to comply with and abide by the provisions of

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the Act of 2014 is too broad a proposition to require any mandamus/direction of the Court. The Legislature has already enacted such an Act for the benefit of the street vendors and there are all the reasons to believe that the respondent Municipal Corporation is bound by the provisions of this Act and is also bound to comply with the provisions of the said Act. Unless a specific instance of any violation of

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the provisions of this Act is established before this Court, the writ jurisdiction cannot be invoked on the sweeping averments made in the present case also.

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11 Paragraph 4 of the writ petitions, to its relevant extent, is

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quoted for this purpose “It is further submitted the officials from respondent keep on visiting the petitioner’s place of business and continue to threaten the petitioners and other co-vendors to vacate the shops’. When, where and who visited or evicted the petitioners or even threatened to evict, is not specified. It is true that some representations appear to have been made on behalf of the Society vide Annexure C dated 30.6.2015 to the Commissioner of the respondent Mysore City Corporation but that also appears to be as vague as it could be. This Court is conscious of the fact that the petitioners are poor, small time businessmen and may not be even qualified enough to adopt the course of law in strict letter and spirit. Nonetheless, the petitioners cannot be permitted to hold forcible possession of any public place nor it can be allowed to them to carry on business of vending at such places without complying with any

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provision of law. Like any other citizen of the country claiming fundamental right to carry on the business or profession guaranteed under Art.19(1)(g) of the Constitution, they are also equally subject to reasonable restrictions in the form of relevant laws, regulations and bye-laws. This Court does not find any adequate material on record to direct the respondent Municipal Corporation to comply with the provisions of the Act of 2014, which in law otherwise also, they are expected to do, once the said law, enacted by the State Legislature is in its place on the Statute book.

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12 As far as the redressal of the grievance of the particular individual or even the members of the Society of small time street vendors is concerned, suffice it is to say that these petitioners will be at liberty to approach the respondent Municipal Corporation for seeking appropriate license and permission to carry on their street vending business at the designated place subject to payment of fees and complying with the conditions of such license as may be imposed by the respondent Municipal Corporation in terms of the Act of 2014 and

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other relevant provisions of the Karnataka Municipalities Act, 1964,

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Rules and bye-laws thereunder.

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