Right To Livelihood Doesn't Extend To Street Vending In Areas Outside Notified Zones: Rajasthan High Court
Nupur Agrawal
19 Aug 2026 9:45 AM IST
Rajasthan High Court dismissed a petition filed by a street vendor, having a vehicle repair kiosk, opining that where vending zones were declared by the State by issuing notifications, no one could be allowed to put kiosks or to make temporary encroachments on any place which was not declared as a vending zone. The bench of Justice Anand Sharma observed that the while right to livelihood...
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Rajasthan High Court dismissed a petition filed by a street vendor, having a vehicle repair kiosk, opining that where vending zones were declared by the State by issuing notifications, no one could be allowed to put kiosks or to make temporary encroachments on any place which was not declared as a vending zone.
The bench of Justice Anand Sharma observed that the while right to livelihood under Article 19(1)(g) could not be denied arbitrarily, it was equally true that such right was not unqualified or unfettered.
For context, the petitioner was a vehicle mechanic, having a kiosk on Civil Lines Road. He had submitted an application for being granted license to carry out his work as per the provisions of the Rajasthan Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2011 & 2014 (“Act”). However, the application was still pending.
Further, as alleged by the petitioner, he was threatened to remove his kiosk, without there being any property constituted town vending committee required as per the Act. Hence, the petition was filed for effective implementation of the Act and for a restraining order to not remove the temporary establishment of the petitioner.
The petitioner argued that he could not be deprived of his sole right of livelihood.
After hearing the contention, the Court highlighted an affidavit put forth by the State as per which they were acting in compliance with an earlier order of a coordinate bench that sought removal of each and every establishment existing on the concerned road.
In this background, the Court observed,
“…any area which has not been declared as a “vending zone” by way of duly published notification shall, by way of necessary implication, be treated as a “non vending zone”.
Underscoring that the right to livelihood was not unfettered, the Court dismissed the petition while directing the State to constitute the town vending committee, preferably within 3 months.
Title: Aman Khan v State of Rajasthan & Ors.
Citation: 2026 LiveLaw (Raj) 335
