Kadari Srinivas v. The State of Telangana

Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring thd inaction of the Respondent Nos. 2lo 4Io consider the representation of the Petitioner dt-08-03-2025 is highly illegal, arbttrary, unjust and against the Article 14,21 ol the constitution of lndia and also against the section 18 of the street Vendors Protection of Livelihood and Regulation of street Vending Act, 2014 and against the Principles of natural justice and consequently direct the Respondent Nos.2 to 4 to follow the procedure prescribed under Section 18 of the Street Vendors Protection of Livelihood and -/ n Regulatlon of Strer:t Vending Act, 20'14 while relocatirrg the Petitioner by permitting him to do his milk business in the vacant place of site available on the tank bund of Manr;urabad Pedda Chervu covered by Sy. No.47 situated at Mansurabad village, Saroornagar Mandal, Ranga Reddy District lA NO: 1 OF 2025 . Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Oourt may be pleased pleased to direct thr: Respondent Nos. 2lo 4 to consider the representation of the Petitioner dt- C 8-03-2025 as per the Section 1B of the Street Vendors Protection of Livelilrood and Regulation of Street Vending Ac|,2014 sending disposal of the Writ Petition. Counsel for the Petitioner : SRl. R GOPI MOHAN Counsel for the Respondent No 1 : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No 2 to 5 :SRINIVASA RAO PATCHWA, SC FOR GHMC The Court made the following: ORDER ,' HONOURABLE SRI IUSTICE B. VIJAYSEN REDDY WRIT PETITION No.9515 OF 2025 ORDER: (oRAL) This writ petition is filed seekifrg to declare the action of respondents No.2 and 3 in vacating the petitioner from the tank bund of Mansurabad Pedda Cheruvu covered by Survey No.47, situated at Mansurabad Village, Saroomagar Mandal, Ranga Reddy District, without following due process of larv, as being illegal, arbitrary and unconstitutional

2. Leamed counsel for the petitioner submitted that the action of respondent authorities is in violation Section l8 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 {for short 'Act'}. It is submitted that the petitioner is eking out his livelihood by selling milk on tank bund of Mansurabad Pedda Cheruvu and he owns four (4) buffaloes. The petitioner had been rearing the buffaloes under the tamarind trees at the tank bund of Mansurabad Pedda Chewr. The said tank bun<l conrtprises of Acs.29-00 guntas in Survey No.47, Mansurabad Village, Saroornagar Mandal, Ranga Reddy District and most the tank is covered by encroachments which includes the houses, shops, dairy farms, gravcyards, etc. It is submitted that there \ \ ) t is no disturbanre caused by the petitioner to an), person and the buffaloes are kr:pt under the tarnarind trees near the tank bund. However, the resrondent authorities have high-handedly got vacated the petitioner and in fact, his buffaloes were seized. That on payment of fine amount of Rs.500/- (Rupees five hundred only) the buflaloes of the petitioner were released. 3 Leamed counsel for the petitioner, after arguing the matter for a considerable len5;th of time, submitted that the petitioner is a street vendor within the meaning of Section l8 of the Act. The petitioner has submitted representation dated 08.03.2025 and direction mav be issued to respondent No.2 to take action and pass orders in accordance with

4. Learned Standing Counsel for GHMC subrnitted that on complaint lodged by the Mansurabad Pedda Cheruvu Walkers Welfare Association dated 27.01 .2025, action was initiated by respondent No.3 and the petitioner was evicted from the premises and hi:; buffaloes were shilied. It is further submitted rhat rhe petitioner is using the public park/tank/walking track for keeping his buffaloes rhereby causing disturbance to the walkers/public. Respondent No.5 along with cattle enfbrcement team attended to the complaint of the palkers Association I ) --7/ 3 on 04.02.2025 and initiated prosecution against the petitioner under Sections 510, 51 1 and 487 of the Indian Penal Code (IPC). Later, the cattle enforcement team confiscated one (l) buffalo and shifted to animal care centre. The petitioner paid ('ine amount ol Rs.500/- and got released the buffalo by giving an underiaking that he will remove/shift the buffaloes from the public parks/tank bund. It is further submitted that the petitioner is not a street milk vendor and not entitled for any relief much less the relief sought in this writ petition.

5. However, as innocuous relief is sought for by the petitioner, without entering into the merits of the ca{e, this writ petition is disposed of directing respondent No.2 to consider the representation of the petitioner dated 08.03.2025 by giving opportunity of hearing to the petitioner and to all other concerned./interested persons, and pass orders in accordance with law, within a period of three (3) weeks from the date ofreceipt ofa copy of this order. There shall be no order as to costs As a sequel thereto, miscellaneous Epplications,, if any, pending in this apptication stand closed. //TRUE COPY// SD/.N. SRIHARI DEPUTY REGISTRAR SECTI o FFICER To, 1 The Prl. Secretary MuniciPa Ambedkar Telangana State' I Administration and Urban Development Ot i^F f,;'si;i;;ilelansana secretariat' Hvderaoao' Tank Bund, HYderabad 2 I$?"o.'"""1%fiq-:'s:'f#'J:?parcorporation'

3. The Zonal Corrmissioner, East Zone,, Greater Hyderabad Municipal Corporation, lrt - Gaddi Annaram, Hyderabad. 4 T.he^De.puty_Commissioner, Greater Hyderabad Municipal Corporation, Circle No.3, Hayathrragar, Office At- Saroornagar, Hyderabaci.

5. T_he VeterinarT_officer, Greater Hyderabad Municipal corporation, circle No.3, Hayathnagar, Office At- Saroornagar, Hyderabad- 6 One CC to Sttl. R GOP| MOHAN Advocare [OPUC] 7. Two CCs to CiP FOR MCPL ADTVN URBAN DEV ,High Court for the State of Telangana at lyderabad [OUT] B One CC to SRINIVAS RAO PATCHWA, [OPUC] 9. Two CD Copie rs

10. One Spare Copy CH CJP /-l I ) 1 o o\. ) r-) 52 AUE 205 HIGH COUR DATED:2810:112025 ORDER WP.No.9516 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS l I