Mohd. Kuddus vs. State Of U.P. And 8 Others
Original PDF →Facts
The petitioner, Mohd. Kuddus, was allotted a temporary 4 sq. meter area for a street vendor shop by the New Okhla Industrial Development Authority (Noida) on September 30, 2019, for three years. The allotment required a deposit of Rs. 14,400 and a GST registration number. The petitioner complied and started a tyre puncture repair shop. On June 6, 2020, police constables allegedly abused the petitioner and his brother and removed the shop's materials, intending to hand over possession to another person. The petitioner filed a writ petition seeking restoration of possession and action against the constables.
Held
The Court did not express any opinion on the merits of the petitioner's claim. Instead, it disposed of the petition by granting liberty to the petitioner to file a comprehensive representation before the Collector/District Magistrate, Gautam Budh Nagar, within two weeks, along with all relevant allotment documents. Upon receiving the representation and a copy of the order, the Collector/District Magistrate is directed to obtain reports from the Noida Authority and the concerned police station. Subsequently, the Collector/District Magistrate must take an appropriate decision after providing an opportunity of hearing to all parties concerned, preferably within four weeks. The Court's decision is procedural, directing the appropriate authority to investigate and decide the matter, rather than adjudicating the dispute itself.
Key Issues
1. Whether the petitioner is entitled to restoration of possession of the temporary street vendor shop, considering the alleged illegal dispossession by police constables. Petitioner's Argument: The petitioner argued that he was illegally dispossessed by police constables without any due process or authority, and therefore, his possession should be restored. He sought a direction for action against the erring police officials. Revenue/State's Argument: The judgment does not record any specific arguments made by the State respondents. However, the Court's direction to the Collector/District Magistrate to call for reports from Noida Authority and the police station implies that the State's position would be considered after gathering information.
AI-generated summary — verify with the full judgment below
Court No. - 3 Case :- WRIT - C No. - 22107 of 2020 Petitioner :- Mohd. Kuddus Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Zain Abbas Counsel for Respondent :- C.S.C. Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J. Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1, 2, 4 and 5 and perused the record. The case of the petitioner is that New Okhla Industrial Development Authority, Gautam Budh Nagar (Noida) allotted a temporary 2x2 meters (4 sq. meters) area in Vending Zone vz-2 of work circle wc 6 through an open draw held on 30th September, 2019 for opening a temporary street vendor shop from 6.00 a.m. morning to 10.00 p.m. night for a period of three years. As per the terms and conditions of the allotment, the petitioner was required to deposit Rs.14,400/- and provide GST registration number/certificate. It is the case of the petitioner that he completed all the necessary formalities and started a tyre puncture repair shop. The grievance of the petitioner is that in the night of 6th June, 2020, the respondents 6 to 9, who are constables, came to his shop, abused the petitioner and his brother and threw the material of the shop on the road with a view to handover its possession to some other person. Being aggrieved by the action of the respondents 6 to 9, the petitioner has filed this petition seeking a direction upon the Collector/District Magistrate, Gautam Budh Nagar to restore possession of the shop to the petitioner and to take action against the police constables concerned. Considering the nature of the claim set up by the petitioner and the prayer made in this petition, without expressing any opinion on the merits of the claim of the petitioner, we deem it appropriate to dispose off the petition by giving liberty to the petitioner to file a comprehensive representation before the Collector/District Magistrate, Gautam Budh Nagar by annexing therewith all the relevant documents relating to the allotment, within a period of two weeks from today. If any such representation is filed by the petitioner along with copy of this order, the fourth respondent (Collector/District Magistrate, Gautam Budh Nagar) shall call for report from the Noida authority as well as from the police station concerned and take an appropriate decision in the matter after giving opportunity of hearing to the parties concerned, preferably, within next
four weeks. The petition stands disposed off. Order Date :- 4.1.2021. Rks.
Reproduced from the public record of the Allahabad High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.