High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in demolishing the existing vegetable market and forcibly evicting/relocating the petitioner and i ,L i i I I t ! I I I I t I i I i I about 100 similarly p aced stationary street vendors from 1f l municipal site rn lVlanthani town, without following the procedure prescribe < under the Street Vendors (Protection of Livelihood and Regulation of Street \ endrng) Act, 2014, the Telangana Stater Street Vendors (Protection of Livelihoc < anrl Regulation of Street Vending) Rules, ?O2O and the Telangana State Strc l Vending Scheme, 2016, and without providing proper rehabilitation and ba; : arnenrtres, whrle proceedinq with construction of a Modern Veg and Nor- /eq ft4arket under TUFIDC Assistance as illegal, arbitrary, violative of Articles 4, 19(1)(g) and 21 of the Constitution of lndia, and consequently direct th€r espondents not to dispossess or relocate the petitioner and other vendors frorr lhe existlng market site except in strict compliance with the aforesaid Act, Ru :; and Scheme and after provrding proper r€ihabilitation sheds and facilities, anr't constitute/activate the Town Vending C:ommittee for l\rlanthani lVunicipality. lA NO: 1 OF 2025 Petition under Se:ction 151 CPC praying that in the ,)r cumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to direct the respondents not to demolish any remaining part.f the existing market and not to dispossess or interfere with the vending activities, f the petitioner and simrlarly placed vendors in the old [Vlanthani market, and nr) to insist upon their shiiting to the temporary sheds, and to maintarn status ( Jo with respect to possession and vendinll rights, pending disposal of the writ p ,tition. Counsel for the Petitioner: Ms. SHAKEERA BEGUM Counsel for the Respondent No.1 to 3: GP FOR MCPL ADMt URBAN DEV Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: SRI PUTTA KRISHNA Rt: )Dy, SC FOR MCPL The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT TIYDERABAD THE HONOURABLE SRI JUSTICE B. VTJAYSEN RE,DDY WRIT PETITION No.38715 of 2025 DATE: L6.12.2025 Between: S. Ravinder and 2 others. . .. Petitioners AND The State of Telangana, Represented by its Principal Secretary, Municipal Adminsitration Urban Development Deparlmcnt, B.R.Ambedkar Telangana State Secretariat, Hyderabad and 4 others. . . . Respondents ORDER: (ORAL) This writ petition is filed seeking following relief: "...to declare the action of the respondents in dcmolishing the existing vegetable market and forcibly evicting/reloeating the petitioner and about 100 similarly placed stationar,v strce[ vendors from the municipal site in Manthani torvn. without following the procedure prescribed under the Strcet Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the Telangana State Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2020 and the Telangana State Street Vending Scheme, 2016, and without providing proper rehabilitation and basic amenities 2 B!'R, J 11'p_38715 2025 u'hile pro:ecciing with construction of a Modem Ve 3 Vcg Marl<ct undor TUFIDC Assistancc, as illegal. and violativc of Articles 14. l9(1)(g) and 2 Constitution ol India and oonscquently direct thc rc,1 & Non- u bitrary ol the ondents not to dispossess or rclocate the petitioner and othcr r endors lrorn the -'xisting rnarket site except in strict compli.r the albre said Act. Rulcs and Scheme and after pror icl proper rehabilitation sheds and facilities, constitute/a otivate thc Town Vending Commi' " Manthani Municipalitl'. . . rce q,ith ng after urd to .co lor

2. Heard N{s.shakeera Begum, leamed counsel f,r the petitioners and Mr. Putta Krishna Reddy, learned Standing Cout-L: t I tbr respondent No.5- Municipalitl,

3. It is stated that the petitioners are stationarl street vendors can'ying on p(itty business tbr the last fifteen ( 1 5 ) ' ears in thc old Manthani lnarket, situated 1n extent of Acs.2-00 guntas o1'municipal [and, where about 100 i reet vendors are doing business by selling vegetables/household neec; etc. The said market is a natural, traditional and public market cat3 ing to the daily needs of the residents of Manthani town and surrc lnding villages. Earlier, the said market was within the limits of th<: Manthani Gram Panchayat, which was subsequently upgraded as Manlt rni Muncipality. I I I I i t i i i I I ,:llry 3 BVR, J wp_38715_2025 The petitioners and other vendors have been doing their business peacefully for past more than three (3) decades by paying nccessary charges/lecs to the concemed authorities. Hence, the petitiorlers and other vendors squarely latl within the definition ol "street vendors" and "stationary vendors" under the provisions ol the Street Vendors (Protection of I-ivelihood and Regulation of Street Vending) Act, 2014. It is lurther stated that the respondent authorities have obtairled administrative and technical sanctions for construction of a "Modem Veg and Non-veg Market" in Manthani Municipalitl' undcr thc 'l'elangana Urban Finance and Infrastructure Dcvelopmcnt Corporation Limited (TUFIDC) Assistance Package-X lor an estimated cost of about Rs.8l4 I-akhs, r,rde proceedings dated 08.08.2024 issued by respondent No.4-the District Collector, Peddapalli and Memo No.920/T 1/Manthani dated 28.09.2025 issued by respondent No.3-the Engineer-in-Chicl-, Public Health & Municipal Engineering Department (PHMED).

4. 'I'he grievance of the petitioners is that the respondent authorities have abruptly commenced demolition of the old market structures in the first week of December, 2025 and threatened the petitioners and other vendors with forcible eviction from their shops in the market. The petitioners were neither given prior notice nor an opportunity of 4 BVII, J wp-38715,2025 hearing. As ol nou . fbrry (40) vendors have been forc iL' 1' shifted to the so-called temporar] relocated market, which is far ru'ay frorn the original lrlarkct and comrercially unviable, thus, tlr action ol- the respondents is illcgal and arbitrary.

5. Lcamed Standing Counsel for respondent r r .5-Municipality produced rvritlcn instructions and subrnitted that thc vlanthani Gram Panchayat was up{raded as Manthani Municipality rrr 2018. The old r-narket was established about 30 years back and pr rsently, the old market arca is ..,cry congested and Manthani area is als r expanded; there is need fbr ncrv rnarket. The administrative and techni al sanctions for construction ol' rnodenr Veg and Non-veg marl r t in Manthani Municipality undcr 'I LJFIIXI Assistancc Package-X i, as obtained for an estinrated cost of Rs.8l4 Lakhs vrrle proceedings c rted 08.08.2024 issued bi rcspondcnt No.4 and Memo No ( 20/Tlllr4anthani dated 28.09.2025 issued by respondent No.3. It is furt r rr submitted that discussions are going between Manthani Municip,r ity and market vendors since three (3) rnonths and most ol the ; ndors willingly vacated the old market. The petitioners are tr\irg to halt the development works of the proposed new market. That lltemative place was shown to the market vendors bv makins -J: tempo|i ry arrangements @ry ,/ -t' ,',,,/ 5 B\'R, J $,p 38715_2025 and providing minimum facilities and instructed them to shift their shops for starting the process of demolition works of the old market. Learned Standing Counsel subrnitted that relocating the vegetable market is purcly temporary and after completion of development works of the proposed new market, new shops will be assigned to the market vendors, including the petitioners

6. In the Iight of thc above submissions, this Writ Petition is disposed of directing the petitioners to vacate the existing shops and handover the possession to respondent No.5 and shift to temporary shops, ivithin a period ol six (06) weeks from todav. Further, after construction of new market complex, new shops shall be assigned to the petitioners, by lollowing due process of law. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed. There shall be no order as to costs //TRUE COPY// SD/. M. JAWAHAR REDDY ISTANT REGISTRAR SECTION OFFICER To, 2 Secretary, Municipal Administrat n Urban DeveloPment R. Ambedka r Telangana State Secre tariat, Hyderabad, State 1 The PrinciPal Department, B of Telangana. The Vice Chairman and Managing Director, Telangana Urban and Rural #;"il;;";i'6;il;;rti;;, tiUrr6ci, A C Guards' Masab rank' Hvderabad' The Engineer-rn-chief , Public Health and Municipal Engineering Department, (PHt\,4ED), Hyderabad. The District Collector, Paddapalli District' 3 4 t I I I l I l l 5 6 7 B 9 The Commissioner, [r,4anthani tVlunicipality, tr,4anthani, Pe ldapalli District. One CC to Ms. SHAKEERA BEGUIV' Advocate [OPUC] One CC tO SRI PUTTA KRISHNA REDDY, SC FOR t\,1: TL [OPUC] Two CCs to GP FOR IUCP-L ADI\IN URBAN DEV' Higf Court for the State of f"fingi"u at HYderabad [OUTI Two CCs to GP FOR REVENUE' High Court for the ltate of Telangana at Hyderabad [OUT]

10. Two CD CoPies BSR A HIGH COURT DATED: 1611212025 CC TODAY I i /! ORDER WP.No.38715 of 2025 THi t r) () 'f lli i lit,i :.: * Or- * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t