Allahabad High Court
MONU SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court orders the Chief Executive Officer, Noida to examine the petitioner's grievance and any other affected persons within six weeks, thereby providing a remedy under the Street Vending Act, 2014.
Summary
The petitioner, a street vendor, applied for a vending shop under Section 3 of the Street Vending Act, 2014, in Noida but the Noida Authority failed to issue a license despite completing surveys. The petitioner filed a writ petition seeking relief. The respondents argued that the Tribunal meant to handle the matter lacks a judicial officer, and therefore the Chief Executive Officer (CEO) of Noida should consider the grievance. The Court noted the administrative vacuum and, exercising its jurisdiction, directed the CEO to examine the petitioner’s grievance and any other affected persons within six weeks, with a fresh representation. The order effectively provides a mechanism for the petitioner to obtain the license or a reasoned decision.
Issues considered
- The petitioner's right to obtain a vending license under Section 3 of the Street Vending Act, 2014.
- Whether the High Court can direct the Chief Executive Officer of Noida to adjudicate the grievance in the absence of a judicial officer in the Tribunal.
Legislation cited
- Street Vending Act, 2014 — s. 3
Subjects
- street vending
- licensing
- administrative law
- writ petition
- Section 3
- Noida Authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10407 of 2026
Monu Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brahma Nand Pandey
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioner, Shri Kaushalendra Nath Singh, learned
counsel for the respondent-Development Authority and Shri Fuzail Ahmad Ansari,
learned Standing Counsel for the State-respondents.
2. The case of the petitioner is that he, being existing street vendor, applied for
allotment of vending shops under Section 3 of the Street Vending Act, 2014 in
Brahmaputra Market, Sector-29, Noida, but despite surveys and selection, the Noida
Authority has not issued licenses or allotment letters.
3. Sri Kaushalendra Nath Singh, learned counsel for the respondent Development
Authority, states that the Tribunal dealing with the aforesaid matter is headed by a
Judicial Officer and at present no Judicial Officer is posted in the Authority and
therefore he submits that if this Court permits, the Chief Executive Officer, Noida will
examine the grievance of the petitioner and take appropriate decision.
4. Accordingly and having regard to the facts of the instant case, we dispose of the
instant petition by providing that the grievance of the petitioner shall be examined by
the Chief Executive Officer, Noida within six weeks from the date of communication
of the instant order along with a fresh representation after hearing the petitioner, or
any other person likely to be affected thereby.
March 19, 2026
NLY
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad
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