Framod Tiwari, Petitioner v. Senior Superintendent of Police, Kanpur Nagar and others, Respondents.

RAVI S. DHAVAN AND V.P. GOEL, JJ.

Constitution of India, Article 226 - Removal of encroachment - No fundamental right to carry on business on public road - Petitioner only had licence, like hawker - Therefore, removal of shop by anti-encroachment authorities for clearing road for smoother and better traffic is not improper - No writ can be issued to the authorities that petitioner should occupy side walk of a public road or in alternative he may be allotted another site. (Source: AIR 1999 Allahabad 289)