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Judgment
M.M.S. Bedi, J.—An application filed by the plaintiffs-petitioners for interim injunction in a suit for permanent injunction has been dismissed by the Courts below. Plaintiffs have filed a suit for permanent injunction to restrain the defendants-respondents from interfering in the business of the plaintiffs as street vendors engaged in business of selling food articles on their hand carts in Udyog Vihar Phase I, II, III, IV and V and HUDA Sectors 32 & 44, Gurgaon.
Counsel for the plaintiffs-petitioners has vehemently contended that the petitioners are poor persons who are dependent upon the sale of articles on their hand carts in the area in dispute. Their fundamental right of earning by adopting any profession is being infringed by the acts of the defendants-respondents.
Counsel for the defendants-respondents have argued that the plaintiffs are not permitted to obstruct the traffic in the streets and on public roads by parking their hand carts (Rehris). It is also argued that the area of Udyog Vihar being commercial area, there is no specific place provided for parking the hand carts but in other areas places have been provided for the hand carts in order to enable the street vendors to earn their livelihood. The Courts below have observed that the claim of the plaintiffs-petitioners is vague and they have not sought injunction regarding a particular area where they claim that they are running business of vending and hawking.
After hearing the counsel for the parties and going through the record available with this Court, it transpires that the plaintiffs-petitioners are not licenced vendors. No doubt they have got a right to do their business but reasonable restrictions can be imposed in public interest upon them to curtail their activities in case any harm is caused to public at large or any obstruction is caused on the rights.
Without expression of any opinion on merits, I do not find any ground to interfere in the orders passed by the Courts below. The revision petition is dismissed. However, it is observed that in case the respondents or the Municipal Corporation specifies any space, it will be open to the petitioners to run their business in accordance with rules and policy of the Municipal Corporation for running the business as street vendors.
The suit has been filed in the year 2009. While dismissing the petition, it is directed that the trial Court shall make earnest endeavour to finally adjudicate upon the rights of the parties.