Disposed

Bent, Kurshi Ewam Narsari Sangh and Anr. v. The State Of Bihar and Ors.

Patna HC18 Feb 2020CWJC/15541/2017

Case brief

AI extract

What is this about?

This warrant petition seeking protection for a shrine from demolition and direction to implement the Street Vendors Act was disposed of. The Court held that authorities had established a Vending Committee and created vending zones. The petition was dismissed with a direction to authorities to decide the petitioners' request expeditiously within three months.

What did the court decide?

Direction to responsible authorities to decide the petitioners' request regarding the shrine and vending zones expeditiously within three months.

Bent, Kurshi Ewam Narsari Sangh and Anr. Vs The State… — Service and Employment | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15541 of 2017

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Bent, Kurshi Ewam Narsari Sangh, situated at Bankipur, in front of Ashok Samrat Conference hall and surrounding of Magadh Mahila College to Sant Johshef Convent (Girls School), North Gandhi Maidan, Police StationGandhi Maidan, District- Patna through its President namely Anwar Ali Khan @ Anwar Khan, Son of late Syeed Khan

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Ram Kumar Bhagat, Son of Sri Hari Narayan Bhagat, Resident of MohallaBankipur, in front of Ashok Samrat conference hall and surrounding of Magadh Mahila College to Sant Joshef Convent (Girls School), North Gandhi Maidan, Police Station- Gandhi Maidan, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar through its Chief Secretary, Patna, Bihar

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The Principal Secretary, Department of Urban Development, Government of Bihar, Patna.

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The Collector, Patna.

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The Commissioner, Patna Municipal Corporation, Patna, Bihar.

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The Principal Secretary, (Building Construction Department), Government of Bihar, Vishwasaraiya Bhawan, Bailey Road, Patna

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Niranjan Kumar, Advocate For the Respondent/s : Mr.Pushkar Narayan Shahi -Aag6

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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5 18-02-2020 Petitioners have prayed for following reliefs:-

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“I. To protect the shocks of the Bent, Kurshi Ewam Narsari Sangh, situated at Bankipur, in front of Ashok Samrat Conference hall and surrounding of Magadh Mahila College to Sant Johshef Convent (Girls School), North Gandhi Maidan, Police Station- Gandhi Maidan, DistrictPatna which has been tried to demolish by the

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Patna High Court CWJC No.15541 of 2017(5) dt.18-02-2020 2/3

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responsible respondents at the instance of official respondents.

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ii. To direct the respondents to take step in view of the scheme of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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iii. To command and direct the respondent authorities not to take any coercive step against the shops of the Kurshi Ewam Narsari Sangh, situated at Bankipur in front of Ashok Samrat conference hall and surrounding of Magadh Mahila College to Sant Johshef Convent (Girls School), North Gandhi Maidan, Police Station- Gandhi Maidan, District- Patna as well as Footpath Dukandars/ Vendors.

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iv. For commanding and directing the responsible respondent authorities to give appropriate compensation caused irreparable loss to the petitioners and similar situated persons by the illegal and arbitrary act and omission of the respondent authorities.

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v. Any other relief/reliefs for which the petitioners entitled under the law.”

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Having heard learned counsel for the petitioners, we are of the considered view that interest of justice would be best served if the petitioners were to individually highlight their grievance to the authorities who, as we notice from the counter affidavit, have now taken steps to create vending zone in the area falling under the municipality of Patna, the Vending Committee stands established and now there is appropriate

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Patna High Court CWJC No.15541 of 2017(5) dt.18-02-2020 3/3

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mechanism in place for implementation of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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As such, we dispose of the present petition with a direction to the authorities to decide the request made by the petitioners expeditiously and preferably within three months, unless the Statute requires otherwise.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Sanjay/-

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Bent, Kurshi Ewam Narsari Sangh and Anr. v. The State Of Bihar and Ors.

Case brief

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Bent, Kurshi Ewam Narsari Sangh and Anr. v. The State Of Bihar and Ors.

Case brief

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