Writ Petition No. 27476 of 2011 filed By National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others relying upon order passed in Writ Petition no. 46903 of 2009, National Association of Street Vendors Versus State of U.P.

FROM THE OFFICE OF

Yogesh Kumar Saxena             Phone No. 0532-2637720         Residance:- H.I.G. 203 Preetam Nagar,

                 Advocate High Court, Allahabad                                      2436451                                        Near Kabir Mandir, Sulem Sarai,

 Chamber No. 139, High Court, Allahabad    Fax No. 2636871/2436966                                 Housing Scheme, Allahabad

Senior Vice President, Advocate’s Association                            Mobile No. 9792131584                   E-mail:-yogrekha@gmail.com                                

 High Court, Allahabad                                                                        9415284843                                  yogrekha@yahoo.co.in

To,

           The District Magistrate, /President of District Exhibition, Committee,

                                                                                                            Bulandshar

Subject:- Unauthorized realization of Goonda  Charges through Thekadary system from street venders at Exhibition ground allotted to them by Executive Engineer, Nagar Palika, Bulandshar  in Violation of the provision of The Prevention of Corruption Act and embezzlement of money realized from street venders without issuance of receipt is made out. 

Reference :- Writ Petition No. 27476 of 2011 filed By National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others relying upon order passed in Writ Petition no. 46903 of 2009,  National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others, judgment in Gainda Ram versus M.C.D., Delhi case  decided by Apex Court on 8.10.2010 directing State Government Frame policy  in consonance of Modal Bill of Street Vender ( protection of livelihood and regulation of Street vending) Bill 2009 and Urban vending and Business on pavement                    ( regulation and Management ) Rules 2007 up to 30.6.2011, prohibition of realization of Tehbazari / User charges through Thekadary system vide G. O. dated 11.2.2005 and 14.6.2006

Dear Sir,

                                           It is submitted that National Advisory Committee on 25.5.2011 has laid down that street venders are getting their self employment and earn their livelihood by keeping the regards to consumers, commuter, travelling passengers by carrying their weekly fare and they need 2% of urban area for conducting market. The retired High Court Judge is made the authority to deal with the appeals by creating State Level Appellate Forum. The street vender may be recognized as earning professional in the legal sphere. The State Government, despite the policy guidelines of central government could not draft the Street Venders law from last 6 years.

                      It is submitted that Writ Petition No. 27476 of 2011 filed By National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others relying upon order passed in Writ Petition no. 46903 of 2009,  National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others, judgment in Gainda Ram versus M.C.D., Delhi case  decided by Apex Court on 8.10.2010 directing State Government Frame policy  in consonance of Modal Bill of Street Vender ( Protection of livelihood and Regulation of Street Vending) Bill 2009 and Urban vending and Business on pavement ( Regulation and Management ) Rules 2007 up to 30.6.2011, prohibition of realization of Tehbazari / User charges through Thekadary system vide G. O. dated 11.2.2005 and 14.6.2006. There has been the interim order passed on 18.9.2009  in Writ Petition no. 46903 of 2009,  National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others not to realized any Unauthorized realization of Tehbazari Charges through Thekadary system, except registration charges and License Fees from Street Venders.

                        It is submitted that by order dated 4.12. 2010 issued by Executive Officer , Nagar Palika, Bulandshar Exhibition  Ground was given to street venders for conducting the Mangal Painth Bazar at Peer Bazar upper cot were ejected by police force on account of Law and Order Situation and the proposed auction by District Exhibition Committee  vide advertisement dated 26.4.2011 was not been given effect on account of non deposit of bid of Rs. 42 lakhs. You are the president of the said District Exhibition Committee. No counter Affidavit in Writ Petition No. 27476 of 2011 filed By National Association of Street Vendors Versus State of U.P. Principal Secretary Nagar Vikas Anubhag- 9 and others has been filed till date. The defiance of the orders passed by Lucknow Bench of Hon’ble Allahabad High Court has been done by your subordinate authority has been reported. The case of Violation of the provision of The Prevention of Corruption Act and embezzlement of money realized from street venders without issuance of receipt is made out. 

                                It has been brought to my Notice, while making the contacts from street venders that the district authorities under your subordinations have deployed the people with Muscle power to extract the money unauthorized from street venders and the City Magistrate Bulandshar, despite admitting that the bid has not been deposit, but   the unauthorized charges are being realized from street venders varying from Rs. 50/- to Rs. 120/-  per date, with out issuance of any receipt, nor the money so realized is deposited in the treasury of State Government. This is embezzlement of public Exchequer.

                                   It is submitted the Lucknow Bench of Hon’ble Allahabad High Court in writ petition no. 408 of 2004 (MB) Abdul Rafiq Khan And others Versus Nagar Nigam , Lucknow and others directed the authorities of state government, not to realize more than Rs. 10 /- per day basis, subject to the issuance of receipt, but the order of Hon’ble Allahabad High Court are violated in connivance of the State Authority under your subordination. On the instigation of City Magistrate, even the street venders were agreed to enhance this amount of Rs. 10/ to Rs. 25/ - per date on Weekly Mela , in case the receipt are issued to them. Now Ramzhan  festival  Mela will be conducted and as such , it is advised to realize Rs. 25 /- per person street venders from about 1000 street venders on the weekly fare. This will generate an income of Rs. 1275/- per individual multiplied by 1000 street venders participating in each  Weekly Mela. The similar charges may be realized at Shikndrabad Nagar Panchayat  and Nagar Panchayat  Gulawati also. 

                                            

                  Dated 12.7.2011                                          Yogesh Kumar Saxena             

                                                                                                 Advocate High Court, Allahabad