Disposed¶21

Shiv Kumar v. Union Territory of Chandigarh and Others

Punjab & Haryana HC22 Jul 2025CWP/2647/2025

Case brief

AI extract

What is this about?

Street vending; Town Vending Committee, MC Chandigarh; Grievance Redressal and Disputes Resolution Committee UT Chandigarh; interim order dated 20.07.2023 (Annexure P-6); enforcement of committee order; resolution dated 07.10.2024; alternative vending space allotted in Sector-15, Chandigarh; appeal remedy under relevant Act; writ petition disposed as consigned to record with liberty; Shiv Kumar v. Union Territory of Chandigarh; CWP-2647-2025; Punjab and Haryana High Court; Ashwani Kumar Mishra and Kuldeep Tiwari, JJ.

What did the court decide?

No substantive relief granted; liberty left open to the petitioner to challenge the resolution dated 07.10.2024 / pursue the appellate remedy before the competent forum. ¶21

Shiv Kumar Vs Union Territory of Chandigarh and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; liberty left open to the petitioner to challenge the resolution dated 07.10.2024 / pursue the appellate remedy before the competent forum.

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Issue for consideration

Whether the authorities should be directed to enforce the interim order dated 20.07.2023 (Annexure P-6) passed by the Grievance Redressal and Disputes Resolution Committee, UT, Chandigarh. +1 more

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Court's answer

The petition is consigned to record, leaving the petitioner open to pursue the appropriate remedy before the competent forum in terms of the Court's observations.

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Ratio / Principle

If the resolution dated 07.10.2024 is claimed to be invalid, the petitioner's remedy is to challenge that resolution in appropriate proceedings; this Court does not adjudicate its validity in the present petition.

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Key takeaways

Against the resolution dated 07.10.2024, a remedy of appeal is available under the relevant Act.ratio¶20

Detailed headnote1 paragraphs

High Court of Punjab and Haryana (CWP-2647-2025, decided 22.07.2025; Ashwani Kumar Mishra and Kuldeep Tiwari, JJ.). Petition filed essentially to seek enforcement of the interim order dated 20.07.2023 (Annexure P-6) passed by the Grievance Redressal and Disputes Resolution Committee, UT, Chandigarh. In its written statement, respondents no.2 to 4 stated that the Town Vending Committee, MC, Chandigarh, considered the petitioner's claim in its meeting held on 07.10.2024 and, given limited availability of vending spaces, allotted an alternative space in Sector-15, Chandigarh, by resolution dated 07.10.2024 — which resolution was not under challenge in the petition. Arguments attacking the validity of that resolution were not entertained: the Court held the petitioner's remedy is to challenge the resolution dated 07.10.2024 in appropriate proceedings, it having been informed that an appeal lies against it under the relevant Act. Leaving the petitioner free to pursue such remedy before the competent forum, the petition was consigned to record.

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118

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-2647-2025

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Date of Decision : 22.07.2025

SHIV KUMAR

.....Petitioner

VERSUS

UNION TERRITORY OF CHANDIGARH AND OTHERS

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.....Respondents

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CORAM: HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI

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Present : Mr. Himanshu Trehan, Advocate, for the petitioner.

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Mr. Sanjiv Ghai, Advocate, for respondents no. 2 to 4.

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ASHWANI KUMAR MISHRA, J. (ORAL)

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The instant petition has been filed, essentially, with the prayer to direct the authorities to enforce the interim order dated 20.07.2023 (Annexure P-6), passed by the Grievance Redressal and Disputes Resolution Committee, UT, Chandigarh.

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A written statement has been filed on behalf of respondents no.2 to 4, wherein, it is stated in paragraph no.4, that Town Vending Committee, MC, Chandigarh, has considered the claim of the petitioner in its 33^th meeting held on dated 07.10.2024, and considering the fact that only limited number of vending spaces were available, an alternative space has been allotted to the petitioner in Sector-15, Chandigarh. The resolution dated 07.10.2024, is not under challenge in this petition.

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DHARAM VIR 2025.07.28 19:06 I attest to the accuracy and integrity of this document

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CWP-2647-2025

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-2-

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Various arguments are made to state that the resolution dated 07.10.2024, is not valid. If that be so, the remedy of the petitioner would be to challenge the resolution dated 07.10.2024 in appropriate proceedings.

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This Court is also informed that against such resolution, a remedy of appeal is available under the relevant Act.

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Leaving it open for the petitioner to pursue such appropriate remedy, in terms of above observation, before the competent forum, this petition is consigned to record.

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(ASHWANI KUMAR MISHRA) JUDGE

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(KULDEEP TIWARI) JUDGE

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July 22, 2025 dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No

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DHARAM VIR 2025.07.28 19:06 I attest to the accuracy and integrity of this document

Shiv Kumar v. Union Territory of Chandigarh and Others

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. Union Territory of Chandigarh and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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