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Allahabad High Court

RAJKUMAR AND 32 OTHERSversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The Court directs the Chief Executive Officer, Noida to examine the petitioners' grievance within six weeks and permit a fresh representation, thereby ensuring compliance with the Street Vending Act, 2014.

Summary

The petitioners, a group of existing street vendors, applied for vending shop allotments under Section 3 of the Street Vending Act, 2014 in Work Circle 1‑10, paid the required fees, but the Noida Development Authority failed to issue licenses or allotment letters. They filed a writ petition alleging administrative inaction. The respondents argued that the tribunal meant to handle such matters lacks a judicial officer, and suggested that the Chief Executive Officer (CEO) of Noida could examine the grievance. The Court considered the petitioners' right to a fair and timely decision under the Act and the administrative vacuum. It ordered that the CEO of Noida examine the grievance within six weeks from the order and allow the petitioners to make a fresh representation, ensuring due process. The petition was consequently disposed with these directions.

Issues considered

  • Whether the Noida Development Authority’s failure to issue vending licences after applications and fee payment violates the provisions of Section 3 of the Street Vending Act, 2014.
  • Whether, in the absence of a judicial officer in the tribunal, the CEO of Noida can be directed to adjudicate the grievance of the petitioners.

Legislation cited

Subjects

  • street vending
  • licensing
  • administrative law
  • writ petition
  • Noida Development Authority
  • Section 3
  • grievance redressal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 16294 of 2026

Rajkumar And 32 Others
                                                               .....Petitioner(s)
                                     Versus

State Of U.P. And 6 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)            :   Neeraj Srivastava
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 Sri Neeraj Srivastava, learned counsel for the petitioners, Shri
Kaushalendra Nath Singh, learned counsel for the respondent-Development
Authority and Shri Ambrish Shukla, learned Additional Chief Standing
Counsel for the State-respondents.

2. The case of the petitioners is that they, being existing street vendors,
applied for allotment of vending shops under Section 3 of the Street Vending
Act, 2014 in Work Circle 1 to 10, but despite surveys and selection, the
Noida Authority has not issued licenses or allotment letters. Learned counsel
further submits that petitioners have already deposited the requisite fees but
the Authority has paid no heed to their applications.

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 petitioners shall
                                                                                            WRIC No. 16294 of 2026
                                                                    2


                                    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 petitioners, or any other person likely to be
                                    affected thereby.



                                                        (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    May 6, 2026
                                    Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad


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