The High Court · 2025
Case Details
Acts & Sections
Cited in this judgment
Dhirendranath Prusty, S/o. Raghunath Prusly Aged about 38 years, Occ Street Vending M. Rambabu, S/o. M. Appa Rao Aged about 48 yea$, Occ Street Vending K. Sujatha, W/o. K. Veerashekar Aged about 29 years, Occ Street Vending Katla Venkata Swamy, S/o. K. Mallaiah Aged about 40 years, Occ Street Vending A. Sambaiah, S/o. A. Narsaiah Aged about 46 years, Occ Street. Vending J. Wagge, S/o. Pandit Wagge, Aged about 26 years, Occ Street Vending Saleena Reynolds, Wo. M. Antony Das Aged about 44 years, Occ Street Vending P. Veeranna, S/o. P. Chinnaiah Aged about 36 years, Occ Street Vending K. Srinivas, S/o. K. Narasimha Aged about 45 years, Occ'Street Vending P. Ravi Kumar Choudhary, S/o. Not known to the Petitioner Aged about 32 years, Occ Streel Vending Eada Bipin, S/o. E. Prabhakar Aged about 41 years, Occ Street Vending Sukanta Naik, S/o. Hadi Bandlu Naik Aged about 42 years, Occ Street Vending Bhirender Prabhu, S/o. Not known to the Petitioner Aged about 32 years, Occ Street Vending Vikram Godha. Sio. Shamrao Godha Aged about 59 years, Occ Street Vending Pradhan Karthik, S/o. Anand Pradhan Aged about 33 years, Occ Street Vending
16.Mathuram Chouhan, S/o. Rambhajan Chouhan Aged about 30 years, Occ Street Vending 1 7. Anil Yadav, S/o. Arun Yadav Aged about 24 years, Occ Street Vending '18. M.K. Abdul Muqtadir, S/o. M.K. Abdtl Aziz Aged about 42 years, Occ Street Vending All are RJo. C/o. B.lV.S. Office, TRT-141 gth Street, Jawahar Nagar, Hvderabad -500020 ...pETrroNERs AND
1. State of Telangana, Rep. by its Chief Secretary, Secretariat Buildings, Saifabad, Hyderabad
2. State of Telangana, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad
3. State of Telangana, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development Secretariat Buildings, Hyderabad I : I -7 i
4. The Grater Hyderabad Municipal Corporation, Rep by its Commissioner and Chairperson Town Vending Committee, Lower Tank Bund, Hyderabad
5. The Commissioner of Police, Cyberabad, Hyderabad, - 6. Additional Commissioner of Police (Traffic), Hyderabad and Member Town Vending Police Control Room, Hyderabad
7. The Station House Officer, Uppal Police Station Uppal, Cyberabad,
8. The Station House Officer, Traffic Police Station Uppal, Cyberabad, Hyderabad Hyderabad
9. Telangana State Industrial lnfrastructure Corporation Ltd, lndustrial Area Local Authority - lndustrial Park Uppal, K2, Plot No.9, Opp NSL SEZ, Beside Andhra Bank, lDA, Uppal Rep by its Commissioner ...RESPONDENTS Petition under Article 226 of the Constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.1 to 3 in not implementing the provisions of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as arbitrary, illegal 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.l 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: 25778 0F 2016) Petition under Section 151 CPC praying that in the circumstances stated in the atfidavlt -frled. in support of the petition, the High Court may be pleased to direct the Respondent Nos.4 to I not to harass the Petitioners herein by imposing fine, eviction, confiscation of goods etc., in violation of Section 3(3) of "The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2O14", pending disposal of the Writ Petition -7 Between: Telangana State lndustrial lnfrastructure Corporatbn L'td, lndustrial Area Local Authority - lndustrial Park Uppal, K2, Plot No.9, Opp NSL SEZ, Beside Andhra Bank, IDA, Uppal Rep by its Commissioner ...PETITIONERyRESPONDENT No.9/RESPONDENT No.9 AND
1. Dhirendrandth Prusty, S/o. Raghunath Prusty Aged about 38 years, Occ Street Vending
2. M. Rambabu, S/o. M. Appa Rao Aged about 48 years, Occ Street Vending 3. K. Sujatha, W/o. K. Veerashekar Aged about 29 years, Occ Street Vending 4. Katla Venkata Swamy, S/o. K. Mallaiah Aged about 40 years, Occ Street Vending Vending
5. A. Sambaiah, S/o. A. Narsaiah Aged about 46 years, Occ Street. Vending 6. J. WagEe, Sio. Pandit Wagge, Aged about 26 years, Occ Street Vending 7. Saleena Reynolds, W/o. M. Antony Das Aged about 44 years, Occ Street
8. P. Veeranna, S/o. P. Chinnaiah Aged about 36 years, Occ Street Vending 9. K. Srinivas, S/o. K. Narasimha Aged about 45 years, Occ Street Vending 10.P. Ravi Kumar Choudhary, S/o. Not known to the Petitioner Aged about 32 years, Occ Street Vending 1'1 .Eada Bipin, S/o. E. Prabhakar Aged about 4'l years, Occ Street VeMing l2.Sukanta Naik, S/o. Hadi Bandlu Naik Aged aboul 42 years, Occ Street Vending
13. Bhirender Prabhu, Sio. Not known to the Petitioner Aged about 32 years, Occ Street Vending
14.Vikram Godha, S/o. Shamrao Godha Aged about 59 years, Occ Street Vending 'l5.Pradhan Karthik, Sio. Anand Pradhan Aged about 33 years, Occ Street Vending
16.Mathuram Chouhan, S/o. Rambhajan Chouhan Aged about 30 years, Occ Street Vending
17.Anil Yadav, S/o. Arun Yadav Aged about 24 years, Occ Street VeMing 18.M.K. Abdul Muqtadir, S/o. M.K. Abdul Aziz Aged about 42 years, Occ Street Vending All are Rl/o. C/o. B IV S. Office, TRT-141 gth Street, Jawahar Nagar, Hyderabad -500020 ,..RESPONDENTS/WRIT PETITIONERS/WRIT PETITIONERS
19.State of Telangana, Rep. by its Chief Secretary, Secretariat tsuildings, Saifabad, Hyderabad
20. State of Telangana, Rep. by its Principal Secretary, Depadment of Flome, S€cretariat Buildings, Hyderabad 2't . State of Telangana, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development Secretariat Buildings, Hyderabad 22.The Grater Hyderabad Municipal Corporation, Rep by its Commiss'roner and Chairperson Town Vending Committee, Lower Tank Bund, Hyderabad
23.The Commissioner of Police, Cyberabad, Hyderabad, - 24.Additional Commissioner of Police (Traffic), Hyderabad and Member Town Vending Police Control Room, Hyderabad i i
25. The Station House Officer, Uppal Police Station Uppal, Cyberabad, Hyderabad
26. The Station House Officer, Traffic Police Station Uppal, Cyberabad, Hyderabad ...RESPONDENTS/RESPONDENTS/RESPONDENT Nos.1 TO 8 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 30/06/2016 made WPMP No 25778 ot 2016 in WP No 21O27 of 2O16'. Counsel for the Petitioners: Ms. MOGILI ANAVENI Counsel for the Respondent Nos.1 & 2: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.3: GP FOR MCPL ADMN-URBAN DEV Counsel forthe Respondent No.4: SRI PASHAM KRISHNA REDDY, SC FOR Counsel forthe Respondent Nos.S TO 8: SRI R.LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent No.9: SRI M.SRIKANTH REDOY, SC FOR TSIICL GHMC The Court made the following: ORDER I ,/ I I I i THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.21027 OF 2016 ORDER This writ petition is filed seeking for the following relief: "...fo lssue an appropriate Writ, Order or direction , more padicularly one in lhe nature of Wit of ' Mandamus declaring the action of the Respondent /Vos., fo 3 in not implementing the provisions of The Sfreet Vendors Protection of Livelihood and Regulation of Street Vending Act 201 4 as afirtraty illegal and in violation of the procedure laid down under the said Act and also cnntrary 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 fufther direct the Respondent Nos 4 to 9 not lo harass lhe Petitioners by imposing fine eviction confiscation of goods etc., and pass such other and fufther orders..". I have heard Mr.Mogili Anaveni, learned counsel for the
2. petitioners, learned Government Pleader for General Administration, appearing for respondents No.1 and 2, learned Government Pleader for Deparlment of Municipal Administration and Urban Development appearing for respondent No.3, Mr.Pasham Krishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent No.4, Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.S to 8, and Mr.M.Srikardh Reddy, learned Standing Counsel for Telangana State lndustrial 2 lnfrastructure Corporation Limited, appearing for respondent No.9.
3. Learned Standing Counsel appearing for respondent No.4 submits that the provisions of the Sfreel Vendors (Protection of Livelihood'and Regulation of Street Vending) Act, 2014 ('the Act of 2014') are being duly implemented in letter and spirit lt is further contended that the petitioners have failed to place on record any specific instance of violation or non-compliance with the statutory mandate. ln the absence of any material particulars substantiating the grievance, it is urged that the writ petition does not survive for adjudication.
4. Learned Assistant Government Pleader for Home, while endorsing the above submission, contends that the respondenVpolice have neither interfered with nor created any obstruction in the implementation 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 objectives sought to be achieved by Parliament in enacting the statute. \ 3
5. This Court has carefully perused the pleadings and materials available on record.
6. Having regard to the relief sought in the writ petition, the submissions advanced on behalf of the respondents, and the admitted position that the statutory framework under the Act of t I i 2014 is under implementation, this Court is of the considered opinion that continuation of the present writ proceedings is I rendered unnecessary.
7. The Hon'ble Supreme Court in Maharashtra Ekta Hawkers Union v. Municipal Corporation, Greater Mumbai, (2014) 1 SCC 490, has categorically recognized that the Act of 2014 is a complete code providing adequate safeguards for the protection of the rights and livelihood of street vendors while simultaneously ensuring regulation tn public interest Once the statutory machinery is in operation, intervention by this Court under Article 226 of the Constitution of lndia is warranted only upon demonstration of specific illegality or arbitrariness, which, in the present case, has not been established by the petitioners
8. Nonetfieless, it is clarified that the dismissal of this writ petition shall not preclude the petitioners from instituting appropriate proceedings or availing any other remedies available I 4 \ to them in law in the event of any violation or infringement of their rights under the Act ol2O14. Subject to the above liberty, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed //TRUE COPY// SD/.P.C.SULEKHA DEVI ASSISTANT REGISTRAR '->r SECTION OFFICER The Chief Secretary, Secretariat Buildings, Saifabad, Hyderabad, State of Telangana. The Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad, State of Telangana The Principal Secretary, Department of Municipal Administration and Urban Development Secretariat Buildings, Hyderabad, State of Telangana The Commissioner and Chairperson Town Vending Committee, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad The Commissioner of Police, Cyberabad, Hyderabad. Additional Commissioner of Police (Traffic), Hyderabad and Member Town Vending Police Control Room, Hyderabad The Station House Officer, Uppal Police Station Uppal, Cyberabad, Hyderabad The Station House Officer, Traffic Police Station Uppal, Cyberabad, Hyderabad The Commissioner, Telangana State lndustrial lnfrastructure Corporation Ltd, lndustrial Area Local Authority - lndustrial Park Uppal, K2, Plot No.9, Opp NSL SEZ, Beside Andhra Bank, lDA, Uppal. One CC to Ms. MOGILI ANAVENI, Advocate [OPUC] Two CCs to GP FOR GENERAL ADMINISTRATION, High Court for the State of Telangana, at Hyderabad. IOUTI Two CCs to GP FOR HOME, High Court for the State of Telanqana, at Hyderabad. [OUT] Two CCs to GP FOR MCPL ADMN-URBAN DEV, High Court for the State of Telangana. at Hyderabad. [OUTJ One CC to SRI PASHAM KRISHNA REDDY, SC FOR GHMC IOPUC] One CC to SRI M SRIKANTH REDDY, SC FOR TSIICL [OPUC] Two CD Copies \ To 1 2 4 ( b 7 8 I 10 11 1a 14 15 16 PSK. HIGH COURT DATED:1610912025 ORDER WP.No.21027 o12016 TASHEf, 2 t JAt'l 2026 o O ( * .&. DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ vL