Sagar Sindhwani And Others v. State Of Haryana And Others

Sagar Sindhwani And Others v. State Of Haryana And Others

(High Court Of Punjab And Haryana)

CWP-6173-2022 | 25-03-2022

1. Learned counsel for the petitioners inter alia contends that as per Section 10 of the Street Vendors Act, 2014 (in short-' the'), if, there is any violation with respect to a certificate of vending under the above-said Act, then before cancellation of the certificate, show-cause notice and an opportunity of hearing has to be given. Main contention of learned counsel for the petitioners is that show-cause notice dated 23.04.2021 (Annexure P-1) was given to which the petitioners gave their reply Annexure P-2 on 27/28.04.2021. However, no opportunity of hearing has been given to the petitioners and now, the respondents are proceeding to cancel their certificates.

2. Learned counsel for respondents No. 2 and 3-MC, Gurugram, seeks a short adjournment to find out as to whether any opportunity of hearing as per Section 10 of thehas been given to the petitioners, or not.

3. Adjourned to 29.04.2022.

4. In the meantime, status quo be maintained with regard to operating the vending carts.

5. A copy of this order be given to learned counsel for the parties under the signatures of Bench Secretary of this Court.

Advocate List
Bench
  • HON'BLE MRS.RITU BAHRI
  • HON'BLE MR ASHOK KUMAR VERMA
Eq Citations
  • NON-REPORTABLE
  • LQ/PunjHC/2022/4465
Head Note

Constitution of India — Arts. 14, 19(1)(g) and 21 — Street Vendors Act, 2014 (3 of 2014) — S. 10 — Cancellation of vending certificate — Show-cause notice and opportunity of hearing — Requirement of — Held, before cancellation of certificate, show-cause notice and an opportunity of hearing has to be given — No opportunity of hearing having been given, status quo directed to be maintained with regard to operating the vending carts — Municipal Laws — Street Vendors Act, 2014 (3 of 2014) — S. 10