V. Shiva Kumar, S/o v. Kathalappa, Aged about
Case Details
35. Shaik Samadi, S/o. Shaik lbrahim., Aged about 45 years 36. D. Hanumanth, S/o. Narsigonda, Aged about 31 years, ( 37.G. Satyanarayana, S/o. Achaiah, Aged about 35 years, ( 38.M. Ravi, Sio. Malleshwar Rao, Aged about 24 years, Orr 39.J. Srinivas, S/o. Rachappa, Aged about 28 years, Occ {) 40. S. Krishna, S/o. Narshimlu,, Aged about 28 years, Occ S 41. B. Hemanth, S/o. Sarigonda, Aged about 55 years, Occ 42. Md. Alauddin, S/o. Abdul Mannam, Aged about 51 years 43. Md. EIi, S/o. Babumia, Aged about 40 years, Occ Stree.. 44. Y. Srinivas, S/o. Krishnaiah, Aged about 47 years, Occ S 45.T. Anil Reddy, S/o.Penta Reddy, Aged about 23 years, I 46. P. Moulali, S/o. Savalli, Aged about 28 years, Occ Stre€rt 47. R. Varalaxmi, Wo. R. Lingaian, Aged about 45 years, Ctr 48.T. Rajeshwari, Wo. T. Shivaiah, Aged about 34 years, rJ 49.V. Sathish Kumar, S/o. Late Kathalappa, Aged about S0.Abdul Saleem, S/o.Abdul Abhu Baker, Aged about 4 Vending Vending eet Vending years, Occ .Street Occ Street Vending cc Street Vending ,cc Street Vending Street Vending eet Vending reet Vending itreet Vending Occ Street Vending /ending :reet Vending cc Street Vending Vending c Street Vending :c Skeet Vending 13 years, Occ Street I years, Occ Street All are Rl/o. c/o. B.M.S. Office. TRT- ',l41 gth Hyderabad -500020 St'r et, Jawahar Nagar, ...PETITIONERS ANO 1 2 J 4 5 6 7 8 o 1 Saifabad, Hyderabad Secretariat Buildings, Hyderabad . State of Telangana, Rep. by its Chief Secretary, Secretzrr . State of Telangana, Rep. by its Principal Secretary, Depi . State of Telangana, Rep. by its Principal Secretary, Dep; Administration and Urban Development Secretariat Buil,l . The Grater Hyderabad Municipal Corporation, Rep by it:; Chairperson Town Vending Committee, Lower Tank Bu r . Commissioner of Police, Hyderabad, Hyderabad, - . Commissioner of Police, Cyberabad, Hyderabad. - . Additional Commissioner of Police (Traffic), Hyderabad a . The Station House Officer, Saroornagar Traffic Police S:i . The Station House Officer, Malakpet Traffic Police Statio Vending Police Control Room, Hyderabad Cyberabad, Hyderabad Hyderabad
0. The Station House Officer, Saroornagar Police Station Sii Cyberabad, Hyderabad at Buildings, rtment of Home, rtment of Municipal rgs, Hyderabad lommissioner and l, Hyderabad rd Member Town tion Saroornagar, Malakpet, roornagar, 1
1.The Station House Officer, Malakpet Police Station Mal:rl pet, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the lligh Court may be pleased to issue an appropriate Writ, Order or direction mc r I particularly one in the nature of Writ of Mandamus declaring the action of the Re ;pondent Nos.1 to 3 in not implementing the provisions of The Street Vendors (Prc .ection of Livelihood and Regulation of Street Vending) AcL,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 Rdspondent Nos.1 to 3 to implement the provisions of the said Act and further direct the Respondent Nos.4 to 1l not to harass the Petitioners by imposing fine, eviction, confiscation of goods etc. l.A. NO: 3 OF 2016(WPMP. NO: 9574OF 2016 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 direct the respondent Nos.4 to '1 1 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, 2014", pending disposal of the Writ Petition I.A. NO: 1 OF 2016 WVMP. NO: 1407 OF 2016 Between: Saifabad, Hyderabad Secretariat Buildings, Hyderabad '1. State of Telangana, Rep. by its Chief Secretary, Secretariat Buildings, 2. State of Telangana, Rep. by its Principal Secretary, Department of Home, 3. State of Telangana, Rep. by its Principal Secretary, Department of lMunicipal Administration and Urban Development Secretariat Buiidings, Hyderabad' 4. The Grater Hyderabad Municipal Corporation, Rep by its Commissioner and Chairperson Town Vending Committee, Lower Tank Bund, Hyderabad 5. Commissioner of Police, Hyderabad, Hyderabad, - 6. Commissioner. of Police, Cyberabad, Hyderabad, - 7. Additional Commissioner of Police (Traffic), Hyderabad and Member Town Vending Police Control Room, Hyderabad B. The Station House Officer, Saroornagar Traffic Police Station Saroornagar, Cyberabad, Hyderabad
9. The Station House Officer, Malakpet Traffic Police Station Malakpet, 'l0.The Station-House Officer, Saroornagar Police Station Saroornagar, Hyderabad Cyberabad, Hyderabad
11. The Station House Officer, Malakpet Police Station Malakpet, Hyderabad AND 1. Shaik Mazar Hasan, S/o. Shaik Ameer Hasan, Aged about 27 years, Occ 2. D. Venkat Ramulu, S/o. D. Laxman, Aged about 45 years, Occ Street Vending Street Vending ...PETITIONERS/ RESPONDENTS Vending
3. D. Laxman, S/o. Late D. Beemaiah, Aged about 65 years;, 4. V. Shiva Kumar, Sio. V. Kathalappa, Aged about 31 5. V. Yamuna, S/o. V. Shiva Kumar, Aged about 26 years, - 6. G. Yadaiah, S/o.Late G. Kashaiah, Aged about 44 yeats 7. G. Shantha, Wlo. C. Yadaiah, Aged about 38 years, Occ B. V. Raian, Sio. V. Thukaram, AgeO about 54 years' Occ Sil 9. V. Baia Raju, S/o.V. Kathalapp-a, Aged about 40 years, () 10.V. Maheshwari, Wo. V. Bala Raju, Aged about 32 years 1 l. Praveen, S/o. Baghvanth Rai, Aged about 26 years, Occ 12. V. Ramakrishna, S/o. V. Kathalappa, Aged about 52 13.U. Bhaikar, S/o. U. Venkaiah, Aged about2T years, Ocr; 14. C. Chandu, S/o. Nagesh, Aged about 25 years, O-crc Stree '15. K. Venkatesh, S/o.Sathyanarayana, Aged about 22 year; 'l6.Abdul Nawaz, S/o. Abdiil Gani, Aged about 45 years, O<'< 17.Rafia Khan, S/o. Munaf Khan, Aged about40 years, Ocr' 18. N. Mallikarjun, S/o. Ningasethappa, Aged about 36 ye-ar:;. 19. S. Venu Girpal, S/o. Naiahari, Aged about 26 years, Occr 20. A. Naqaraiu, S/o. Ramachander, Aged about 35 years, o 21.A. Duiga Raju, S/o. Ramchander, Aged about 33 years, ( 22.K. Mar-uthi, S/o. K. Thukaram, Aged about 23 years, Occ 23.Tariq Ahmed, S/o. Ajab Share Shareeqh Ahmed, Agec Vending Street Vending Street Vending
24.Fazal Ahmed Bilal, S/o. Zameer Ahmed Handurg, Age(L 25.D. Shiva Raju, S/o. Narsagonda, Aged about 42 years, o 26.Adil Ahmed Thaher, Sio. Zameer Ahmed Handurg, Age'j Street Vending Street Vending
27.P. Sangameshwar Reddy, S/o. P. Manik Reddy, Aged
28.P. BashwarajReddy, S/o. P. Manik Reddy, Aged aboul
29.A. Kristina, S/o.A. Balaiah, Aged about 22 years, Occ Str' 30. Md. lmran, S/o. Md. Khadeer Ahmed, Aged about 1l 3l. R. Shaiada, Wo. Thulsha, Aged about 38 years, Occ Str 32.Laxman, S/o. Manoja, Aged about 32 years, Occ Street \ 33.Sudhakar, S/o. Bashwarbj, Aged about 26 years, Occ Slr 34. Chinna Kashim, S/o. Pedda Kashim, Aged about 33 Vending Vending Vend ing
35. Shaik Samadi, S/o. Shaik lbrahim., Aged about 45 years, 36. D. Hanumanth, Sio. Narsigonda, Aged about 3'1 years, t) 37.G. Satyanarayana, S/o. Aahaiah, Aged about-35 years' I 38.M. Raii, S/o. Malleshwar Rao, Aged aboul24 years, Occ 39. J. Srinivas, S/o. Rachappa, Aged- about 28 years, Occ St 40. S. Krishna, S/o. Narshiinlu,, Aged about 28 years, Occ f;l 41. B. Hemahth, S/o. Sarigonda, Aged about 55 years, Occ { 42. Md. Alauddin, S/o. Abdul Mannam, Aged about 51 yearsr, 43. Md. Eli, S/o. Babumia, Aged about 40 years, Occ Street \ 44. Y. Srinivas, S/o. Krishnaiah, Aged about 47 years, Occ li 45.T. Anil Reddy, S/o.Penta Reddy, Aged about 23 years, t) 46. P. Moulali, S7o. Savalli, Aged about 28 years, Occ Street 47. R. Varalaxmi, Wo- R. Lingaian, Aged about 45 years, Oc 48.T. Raieshwari, Wo. T. Shivaiah, Aged about 34 years' o 49.V. Sdthish Kumar, S/o. Late Kathalappa, Aged about' Vending Occ Street Vending years, Occ Street :c Street Vending )cc Street Vending itreet Vending eet Vending c Street Vending )cc Street Vending itreet Vending years, Occ Street itreet Vending tVending Occ Street Vending Street Vending itreet Vending Occ Street Vending )treet Vending rc .Street Vending cc Street Vending itreet Vending rbout 28 years, Occ rbout 17 years, Occ ;c Street Vending about 1B years, Occ rbout 22 years, Occ 15 years, Occ Street ,et Vending years, Occ Street ,et Vending -.nding :et Vending years, Occ .Street Occ Street Vending )c Street Vending :c Street Vending Street Vending :et Vending eet Vending treet Vending Occ Street Vending 'ending reet Vending ;c Street Vending /ending ; Street Vending ;c Street Vending 3 years, Occ Street
12.V. Ramakrishna, S/o. V. Kathalappa, Aged about 52 years' Occ Street Vending
13. U. Bhaikar, S/o. U. Venkaiah, Aqed about2T years, Occ Street Vending 14. C. Chandu, S/o. Nagesh, Aged about 25 years, Occ Street Vending 15. K. Venkatesh, S/o.Sathyanirayana, Aged about 22 years. Occ Street Vending 16. Abdul Nawaz, S/o. Abdul Gani, Aged about 45 years, Occ Street Vending 17. Rafia Khan, S/o. Munaf Khan, Aged about 40 years, Occ Street Vending '18. N. Mallikarjun, S/o. Ningasethappa, Aged about 36 years, Occ Street Vending 19. S. Venu Gopal, S/o. Naiahari, Aged about 26 years, Occ Street Vending 20.A. Nagaraju, S/o. Ramachander, Aged about 35 years, Occ Street Vending 21 .A. Duiga Ralu, S/o. Ramchander, Aged about 33 years, Occ Street Vending 22. K. Maruthi, S/o. K. Thukaram, Aged about 23 years, Occ Street Vending 23.Tariq Ahmed, S/o. Ajab Share Shareeqh Ahmed, Aged about 28 years, Occ Street Vending
24.Fazal AhmedBilal, S/o. Zameer Ahmed Handurg, Aged about '17 years, Occ Street Vending
25. D. Shiva Raju; S/o. Narsagonda, Aged about 42 yea$, Occ Street Vending_ 26.Adil Ahmed Thaher, S/o. Zameer Ahmed Handurg, Aged about 18 years, Occ
27.P. Sangameshwar Reddy, S/o. P. Manik Reddy, Aged about 22 years, Occ
28.P. Bashwaraj Reddy, S/o. P. Manik Reddy, Aged about 25 years, Occ Street
29.A. Krish-na, S/o.A. Balaiah, Aged about 22 years, Occ Street Vending 30. Md. Imran, S/o. Md. Khadeer Ahmed, Aged about 23 years, Occ Street Street Vending Street Vending Vend ing Vending
31. R. Sharada, Wo. Thulsha, Aged about 38 years, Occ Street Vending 32.Laxman, Sio. Manoja, Aged about 32 years, Occ StreeJ Vending 33.Sudhakar, S/o. Bashwaraj, Aged about 26 years, Occ Street Vending 34. Chinna Kashim, S/o. P6dd, Kashim, Aged about 33 years, Occ .Street Vending
35. Shaik Samadi, S/o. Shaik lbrahim., Aged about 45 years, Occ Street Vending 36. D. Hanumanth, S/o. Narsigonda, Aged about 31 years, Occ Street Vending 37.G. Satyanarayana, S/o. Aahaiah, Aged about 35 years, Ocl: Street Vending 38.M. Raii, S/o. iualleshwar Rao, Aged aboul24 years, Occ Street Vending 39.J. Srinivas, S/o. Rachappa, Aged about 28 years, Occ Street Vending 40. S. Krishna, S/o. Narshimlu,, Aged about 28 years, Occ Street Vending 41.8. Hemanth, S/o. Sarigonda, Aged about 55 years, Occ Street Vending 42.Md. Alauddin, S/o. Abdul Mannam, Aged about 51_years, Occ Street Vending 43.Md. Eli, S7o. Babumia, Aged about 40 years, Occ Street Vending 44. Y. Srinivas, S/o. Krishnai-ah, Aged about 47 yea$, Occ Street Vending 45.T. Anil Reddy, S/o.Penta Reddy, Aged about 23 years, Occ StreetVending 46. P. Moulali, S7o. Savalli, Aged about 28 years, Occ Street Vending. . 47. R. Varalaxmi, Wo. R. Lingaian, Aged about 45 years, Occ Street Vending 48.T. Rajeshwari, Wo. T. Shivaiah. Aged about 34 years, Occ Street V^ending 49.V. Sdthish Kumar, S/o. Late Kathalappa, Aged about 43 years, Occ Street 50.Abdul Saleem, S/o.Abdul Abhu Baker, Aged about 44 years, Occ Street Vending Vending All are Rr/o. C/o. B.M.S. Office, TRT- 14'1 gth Street, Jawahar Nagar, Hvderabad -500020 ...RESpoNDENTS/pETrroNERs 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
50.Abdul Saleem, Vend ing S/o.Abdul Abhu Baker, Aged about 44 years, Occ Street All are R/o. C/o. B.M.S Hyderabad -500020 Office, TRT- '141 gth Strex t, Jawahar Nagar, ...RESPONDE'ITS/PETITIONERS Petition under Section '151 CPC praying that in the cir( r mstances stated in the affidavit filed in support of the petition, the High Court ray be pleased to vacate the interim order passed interim orders passed in WPI/ r.NO.9574/2016 in wP.NO.7499/2016 dt. 09-3-201 6. l.A. NO: 2 OF 2016(WVMP. NO: 1710 OF 2016 Between: Saifabad, Hyderabad Secretariat Buildings, Hyderabad 1 State of Telangana, Rep. by its Chief Secretary, Secretar z 2. State of Telangana, Rep. by its Principal Secretary, Depar 3. State of Telangana, Rep. by its Principal Secretary, Depar Administration and Urban Development Secretariat Buildil 4. The Grater Hyderabad Municipal Corporation, Rep by its 3 Chairperson Town Vending Committee, Lower Tahk Bunrl. 5. Commissioner of Police, Hyderabad, Hyderabad, - 6. Commissioner of Pollce, Cyberabad, H!derabad, - 7. Additional Commissioner of Police (Traffic), Hyderabad arrr 8. The Station House Officer, Saroornagar Traffic Police Stati 9. The Station House Officer, Malakpet Traffic Police Statior Vending Police Control Room, Hyderabad' Cyberabad, Hyderabad Hyderabad
10.The Station House Officer, Saroornagar Police Station Sar Cyberabad, Hyderabad 1 1 . The Station House Officer, Malakpet Police Station Malakc AND tBuildings, Tent of Home, nent of Municipal ys, Hyderabad :mmissioner and Hyderabad Member Town rn Saroornagar, /alakpet, rOrnagar, :t, Hyderabad ...PETITIONERS/ RESPONDENTS 1 2 a 4
5. 6. 7. B. o 10 11 Shaik lt/azar Hasan, S/o. Shaik Ameer Hasan, Aged at Skeet Vending D. Venkat Ramulu, S/o. D. Laxman, Aged about45 years , D. Laxman, S/o. Late D. Beemaiah, Aqed about65 years, I V. Shiva Kumar, S/o. V. Kathalappi, Aged abciut 3't Vending V. Yamuna, S/o. V. Shiva Kumar, Aged about 26 years, Oc G. Yadaiah, S/o.Late G. Kashaiah, Aged about 44 years, (l G. Shantha, Wo. G. Yadaiah, Aged aiout 38 yeard, Occ [j Y Eajat S/o. V. Thukaram, Aged about 54 years, Occ St,.r V. Bala Raju, S/o.V. Kathalappa, Aged aboui 40 years, Ocr V. Maheshwari, Wo. V. Bala Raju, Aged about 32 years, () Praveen, S/o. Baghvanth Rai, Aled alout 26 yeard, Occ S;t rut 27 years, Occ )cc Street Vending rcc Street Vending /ears, Occ Street : Street Vending :c Street Vending -eet Vending et Vending Street Vending )c Street Vending eet Vending vacate the interim order passed interim orders passed in wPMP.No.9574 of 2016 in WP.No.7499 ot 2016 dt.9.3.2016 Counsel Counsel Counsel for the for the for the Petitioners: Ms. MOGILI ANAVENI Respondent No.1: GP FOR GAD Respondent Nos.2,5 TO '11: SRI R.LAXMIKANTH, AGP FOR HOME Counsel Cou nsel for the for the Respondent No.3: GP FOR MPCL ADMN & URBAN DEV Respondent No.4: SC FOR GHMC The Court made the following: ORDER f THE HONOURABLE SRIJUSTICE N.TUKAR \MJI WRIT PETITroN No.7499 0F 2016 ORDER Aggrieved by the action of respondent Nos.1 o 3 in not implementing the provisions of rhe Street vendors (F rotection of Livelihood and Regulation of Street Vending) Act, 2014 (f r short ,the Act, 2014), the present writ petition is filed. A consequer)t al prayer is sought to direct respondent Nos..l to 3 to implement the f -ovisions of the said Act and further to direct respondent Nos.4 to 11 rr rt to harass the petitioners by imposing fine, eviction and confiscation cf ]oods, etc. 2. Heard learned counsel for the petitioners, learn,: I Standing Counsel for respondent No_4 and Mr. R.Laxmikanth Rerir y, learned Assistant Government pleader for Home appearing for espondent Nos.S to '1 1.
3. Learned Standing Counsel appearing for respon,J rnt No. 4 submits that the provisions of the Street Vendors (prr lection of Livelihood and Regulation of Street Vending) Act, 2014 ., he Act of 2014') are being dury impremented in refter and spirit. rt is further contended that the petitioners have failed to place on r cord any specific instance of violation or non_compliance with th,t statutory mandate. ln the absence of any material particulars substarr ,ating the gnevance, it is urged that the writ petition does not s;r rvive for { ( adjudication. 2
4. Learned Assistant Govemment Pleader for Home, while endorsing the above submission, contends that the respondenupolice 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.
5. This Court has carefully perused the pleadings and materials available on record.
6. Having regard to the relief sought in the wdt petition, the submissions advanced on behalf of the respondents, and the admitted position that the statutory framework under the Act of 2014 is under implementation, this Court is of the considered opinion that continuation of the present writ proceedings is rendered unnecessary. 7 . The H.on'ble Supreme Court in Marharashtra Ekta Hawkers lJnion v. Municipal Corporation, Greater Mumba/, 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 in public interest. Once the statutory machinery is in operation, intervention by this Court -u{der Article 226 of the Constitution of lndia is warranted only upon l_ ' t2014) 1 scc 490 3 demonstration of specific illegality or arbitrariness, whir; , in the present case, has not been established by the petitioners.
8. Nonetheless, it is clarified that the dismissal o1 his writ petition shall not preclude the petitioners from institur.i g appropriate proceedings or availing any other remedies available t, them in law in the event of any violation or infringement of their rights rnder the Act of
2014. Subject to the above liberty, the writ petitior s disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications if any pending in this petition, shall stand closed. SD/- I .SRINIVASA REDDY STANT REGISTRAR --''< //TRUE COPY// SECTION OFFICER To
2. J-
5. b. 7. 8
9. Hy lerabad, State of ecretary, Secretariat Buildings, Saifab$ The Chief S Telangana The Principal Secretary, Department of Home, Secreta'irt Buildings, Hvderabad State of Telangana, i6e Principal Secretary, D-epartment of Municipal Adm r stration and Urban Develoombnt Secretariat Buildinqs, Hyderabad, State c'l Telangana. The Commissioner and Chairperson Town Vending Con mittee, Greater Hvderabad Municipal Corpordtion, Lower Tank Bund' l-l' derabad The Commissionei of Police, Hyderabad, Hyderabad. The Commissioner of Police, Cyberabad, Hyderabad The Additional Commissioner oi Police (Traific), Hyder r rad and Member Town Vending Police Control Room, Hydera-9ad- The Station Hiuse Officer, Saroornagar Traffic Police li ltion Saroornagar, Cvberabad. Hvderabad The Station H6use Officer, Malakpet Traffic Police Statir n Malakpet, Hvderabad
10. The Station House Officer, Saroornagar Police Station 5 aroornagar, Cvberabad. Hvderabad
11.T6e Station H6use Officer, Malakpet Police Station Mali kpet, Hyderabad 12.One CC to Ms. MOGILI ANAVENI, Advocate [OPUC] 1 3. Two CCs to GP FOR HOME, High Court for the State rr Telangana, at Hyderabad. [OUT] 14 Ti/o Cis to GP FOR MPCL ADMN & URBAN DEV, Hig r Court for the State UT] of Telangana, at Hyderabad ^[O '15.One CC to SC FOR GHMC [OPUC] 16. Two CD CoPies PSK. PSK N-r '.1 HIGH COURT DATED:1 810912025 ORDER WP.No.7499 of 2016 I Jri[ ?-[!! 7- r) + \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS