Ch. Suvarna v. The State Of Telangana, Rep. By Its Principal Secretary
The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition Nos.2360, 2361, 2456 & 2457 of Date: 28.01.2016 Between:
WP.2360/16 Md.Mazaruddin WP.2361/16 Shaik Kareem WP.2456/16 Ch.Suvarna WP.2357/16 M.Kishtamma .. Petitioners and The State of Telangana rep. by its Principal Secretary Dept., of Municipal Administration & Urban Development Hyderabad and another .. Respondents Counsel for the petitioner (s) : Mr.J.P.Srikanth Counsel for respondent No.1: AGP for Municipal Administration The Court made the following:
Common Order :
These Writ Petitions are filed feeling aggrieved by separate but identical notices issued by respondent No.2 under Section 192 of the Andhra Pradesh Municipalities Act, 1965, directing the petitioners to remove the alleged encroachments made by them on public road.
Mr.N.Praveen Kumar, learned Standing Counsel for Municipalities (Telangana State), appearing for respondent No.2, on instructions, submitted that after issue of the impugned notices, respondent No.2 has realised that the petitioners fall within the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (for short 'the Act') and that therefore, the impugned notices have not been enforced pending identification of the vending zones and relocating the petitioners along with other eligible street vendors therein. This Court in Common Order, dated 10-12-2015, in
WP.Nos.34530 & 37018 of 2015, has elaborately dealt with the applications of the Municipalities and other local authorities to identify the vending zones and relocate the eligible street vendors therein. Respondent No.2 is, accordingly, directed to follow the provisions of the Act in accordance with the said directions in the matter of relocation of the eligible street vendors including the petitioners in Sangareddy Municipality.
Till this process is completed, the petitioners shall not be evicted from the places where they have been running their businesses at present.
Accordingly, these Writ Petitions are disposed of in terms of Common Order, dated 1012-2015, in WP.Nos.34530 & 37018 of 2015, with the direction that the reasons and directions contained therein shall form part of this order. As a sequel to disposal of the Writ Petitions, Miscellaneous Petitions, pending if any, stand disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J) Dt: 28th January, 2016 lur