Street Vending 5 v. Rukmini, D/o. Kr

7. K. Dilip Kumar, Sio. Madhava Rao, Aged about 30 years, Occ: Street Vendtng 8. Smt. A. Chittamma, W/o.A. Veeraiah, Aged aboui 42 years, Occ: Street Vending

9. Smt. K. Kavitha, W/o. K. lrrlahesh, Aged about 39 years, Occ: Street Vending 10.Smt. B. lvlaheshwari, W/o. fi,4ohan Reddy, Aged about 41 years, Occ: Street Vending 11 , Smt. B. Chennamma, W/o. Veeraiah, Aged about 43 years, Occ: Street Vending

12. M. Rajesh, S/o. M. Mohan Aged about 33 years, Occ: Street Vending 13.J. Vinod Kumar Jeshwal, S/o. J. Lal Chand Jeshwal Aged about 56 years, Occ: Street Vending

14.V. Tirupathi, S/o. Muchaiah, Aged about 40 years, Occ: Street Vending 15.G. Veerababu, S/o. G. Satyanarayana, Aged about 45 years, Occ: Street Vending '16.Smt. Sujatha, W/o. Sathish Goud, Aged about 46 years, Occ: Street Vending 17.Smt. T, Sowjanya, W/o T. Chennakeshavulu, Aged about 37 years' Occ: Street Vending

18.M. Rajesh Kumar, S/o. tvl. Ram [r/ohan' Aged about 35 years, Occ: Street Vending.

19. Smt. R. Sharada, W/o. R. Anil Kumar Aged about 36 years, Occ: Street Vending R/o C/o B.l\l S Office, TRT-141, gth Street Jawahar Nagar, Hyderabad 500020. ..PETITIONERS AND 1 The State of Terangana, Rep. by its Chief Secretary, Secretariat Buildings, Saif abad, Hyde'abad 2 State of Telangana, Rep. by rts Principal Secretary, Department of Home Secretariat BurlCings. Hyderabad 3 State of Telangana, Rep by its Principal Secretary, Depaftment of lt/unrcipal Adminlstration and Urban Development Secretariat Buildrngs, Hyderabad 4. The Grater Hyderabad I\,4unicipal Corporation, Rep by its Commrssioner and Charrperson Town Vending Committee, Lowe'Tank Bund, Hyderabad 5 Commrssioner cf Police. Cyberabad. Hyderabad, - 6 Addrtronal Commissioner of Police (Traffrc). Hyderabad and l\4ember Town Vending Polrce Control Room, Hyderabad

7. The Station House Officer, Madhapur Traffic Police Statron l\,4adhapur, Cyberabad, Hyderabad B Telangana State lndustrial lnfrastructure Corooration Lld. Basheerbagh. Hyderabad Reo by its I\,4anaging Director

9. The Statron House Officer, Kukatpally Traffrc Police Station Kukaipally, Cyberabad, Hyderabad .,.RESPONDENTS Petition under Article 226 o'f tf'e Constitution of lndia praying that rn the circumstances stated in the affidavit filed therewrth, the High Court may be pleased to issue an appropriate Writ, Order or C rection more partrcularly one in the nature of Writ of [V]anriamus declaring the actron of the Respondent Nos.1 to 3 in not implementing the provisions of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Acl,2O14 as arbitrary, i legal and in violation of the procedure laid down under the said Act and also contrary to the law laid down by the Hon'ble Supreme Court and consequently direct the Respondent Nos.1 to 3 to implement the provisions of the said Act and further direct the Respondent Nos.4 to I not to harass the Petitioners by imposing fine, eviction, confiscation of goods etc., l.A. NO: 1 OF 2016(WPMP. NO:27631 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Hrgh Court may be pleased to direct - the Respondent Nos,4 to 9 not to harass the Petitioners herein by imposing fine, evictron, confiscation of goods etc., in violation of Section 3(3) of "The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014", pending disposal of the Writ Petition Counsel for the Petitioners: SRI MOGILI ANAVENI Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2,5 to 7 and 9: GP FOR HOME Counsel for the Respondent No.3: GP FOR MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT Counsel for the Respondent No.4: SRI GODUGU MALLESHAM REPRESENTING SRI G. MADHUSUDHAN REDDY, SC FOR GREATER HYDERABAD MUNICIPAL CORPORATION Counsel for the Respondent No.8: SRI M. SRIKANTH REDDY, SC FOR TELANGANA STATE INDUSTRIAL INFRASTRUCTURE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 22473 OF 2016 ORDER: Thrs Writ Petition rs frled under Article 226 of ihe Constitution of lndia seeking the following relief 1o rssue al apDrcDlate Writ. ar der or dl ection rnore parltcularly on() tt lhe n,tture of Wnt of Mandarnus declanng the action oi the r?e.sponc/enl Nos 7 lo 3 tn nol implementing te provtsions of -te Slreel Veld.rrs (Protec on of Livelihoocl anrl Regulatrcn of Street Vendittg) AL:t 2O 1 4 as arbitrary illegal anct in vrolation of the ltrocerlure lard dc'wn under the saicl Act ancl also,:ontrary ic the la'."., larcl clo..,n by lhe Hon ble SLrprene CoLrft aitil conseqLtently dtrect tlle ResDordcnt Nos. 7 Io 3 to rntptsnlgnt thz provtsrctls of tlte satcl Act and furllter direct the Resporrderrl tVos 4 to 9 not to haras.s lhe Detitioners by imposing fine, eviction. confrscatton of goods. etc. aitd l)ass sLtch otller and furllter orclers. 2 I have heard l\4r [\4ogili Anavenr. learned counsel for the petitioners l\4r D Pradeep, learned Assistant Government pleader ior Home appearing for respondent Nos.2 5 to 7 and 9, A,4 r Godugu l\,4allesham. learned counsel, representing G Madhusudhan Reddy. learned standrng cor-rnsel for Greater Hyderabad tvlunicipal corporation (GHMC) appearing for respondent No. 4 and tvlr. M Srikanth Reddy, learned Standing counsel for Telangana state lndustrial lnfrastructure Corporation Limited (TGllC) appeanng for respondent No. B. ) i\ / l(. I ll l'. \a. )-' i - ) ,t1 2016 -

3. Learned Standing Counsel appearing for respondent No.4 submits that the provisions of the Slreel Vertclors (Protectiort of Livelrltood and Regulation of Street Vending) Act. 201'1 ('the Act of 2014 ) are being duly implemented in letter and spirit lt is further contended that the petrtioners have failed to place on record any specific tnstance of vlolatlon or non-compliance with the statutory mandate. In the absence of any material particulars substantiating the grievance, it is u;'ged that the writ petition does not survive for adjudication

4. Learned Assistant Government Pleader for Home. while endorsing the above submission, contends that the respondenti Police have rreither interfered with nor created any obstrr-rction in the implenlentation of the provisions of the Act of 2014. lt is further emphasized that the role of the Police is only ancillary in nature, confined to rendering assistance for enforcement of the provisions of the Act, strictly in accordance with the procedure established by law and in furtherance of the oblectives sought to be achieved by Parliament in enacting the statute

5. This Court has carefully perused the pleadings and materials available on record.

6. Having regard to the relief sought in the wrrt petition, the submissions advanced on behalf of the respondents, and the admitted .position that the st6tutory framework under the Act of 2014 iS t.Lrrder \, |i. i 11 l). .\t. ::1-; 0t 2()lt, implementation. this court is of the considered opinion that continuation of the present writ proceedings is rendered unnecessary 7 The Hon'ble Supretre Court in lv4altarashtra Ekta llawkers Urtiort v Mt:ntt;rlttii a.)t Doral,ot) Grealer ly'ittrnbai, (2014) l SCC 490, has categoricaLv recognized that the Acl of Zat' 4 is a complete code providing adequate safeguards for the protection of the rights and livelihoocl of street vencors while simultaneously ensurtng regulation in ;tublrc rnteiest Once the statutory machinery ts tn operatton interventton by this Court under Article 226 of the Constitution of lndia is warranted only upon cierlonstratiorr of specific rllegality or arbitrariness' which in the p:esent case has tot been established by the petitioners B Nonetheless. it rs clarified that the dismissal of this writ petition shalt not preclude the rretitioners from instituting appropriate proceedings or availrno any other remedies available to them in law in the event of any violatron or rnfr ingenrent of their rights under the Act of 2014 Subject to the above liberty, the Writ Petition is disposed of There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed SD/-A S - SRINIVASA REDDY isrnur REGISTRAR //TRUE COPY// SECTION OFFICER To 1 The Chief Secretary, The State of Telangana' Secretariat Buildings' Sarfabad, HYderabad Gtt --

2. The Principal Secretary, State of Telangana, Department of Home, Secretariat Buildings, Hyderabad

9. 10 11 12 The Principal Secretary, State of Telangana, Department of lvlunicipal Administration and Urban Development Secretariat Buildings, Hyderabad The Commrssroner and Chairperson Town Vending Committee, The Grater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad Commissroner of Police, Cyberabad, Hyderabad, - Additional Commissioner of Police (Traffic), Hyderabad and Member Town Vending Police Control Room, Hyderabad The Station House Officer, Madhapur Traffic Police Station l\4adhapur, Cyberabad, Hyderabad The [\,4anaging Director Telangana State lndustrial lnfrastructure Corporation Ltd, Basheerbagh, Hyderabad The Station House Officer, Kukatpally Traffic Police Statron Kukatpally, Cyberabad, Hyderabad One CC to Sri Mogili Anaveni, Advocate [OPUC] Two CC to The GP for Home, High Court for the State of Telangana. at Hyderabad[OUT] 13 Two CC to The GP for Municipal Administration Urban Development, High Court for the State of Telangana, at HyCerabad[OUT] 14 15 '16 One CC to Sri G. lr/adhusudhan Reddy, SC for GHIVIC IOPUC] Two CC to The GP for General Administration, High Court for the State of Telangana, at HyderabadlOUTl One CC to Sri M. Srikanth Reddy, SC for Telangana State lndustrial Infrastructure, SC[OPUC] TJ BS 17 Two CD Copies M HIGH COURT DATED:2811012025 ORDER t 5'1,*t\ .J 2i r WP.No.22473 of 2016 nr TC i]-- ,& l: \. 'q$)\- '/ \' 'a. ?0n t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1\ kJ