Disposed

The Vijayawada Hacker and Thopudu Bandala Union, v. The State of Andhra Pradesh

Andhra Pradesh HC4 Dec 2024WP/28139/2024

Case brief

AI extract

What is this about?

Street vendors' union sought a mandamus to stop removal of shops on Besant Road, Vijayawada without prior notice under the Street Vendors Act. The municipality stated no removal action had been initiated and due process would be followed; the court disposed of the writ petition as no further orders were necessary.

What the court decided

AI extract

The Vijayawada Hacker and Thopudu Bandala… — Writ and Judicial Review | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

THURSDAY, THE FIFTH DAY OF DECEMBER ♦
TWO THOUSAND AND TWENTY FOUR
a.
PRESENT o
-X
o
THE HON’BLE SRI JUSTICE B.KRISHNA MOHAI^o' ft:
-4'y ^9^^

¶3

WRIT PETITION NO: 28139 OF 2024

¶4

Between:

¶5

The Vijayawada Hacker and Thopudu Bandala Union, Vijayawada, Krishna District, (Registered Ho.K/182, N.P.R. Shramika Bhavan, BRTS Road, Durgapuram, Vijayawada - 3) Rep. by its President, Bevara Venkateswara Rao, S/o. Surya Narayana. ...PETITIONER

¶6

AND

¶7

The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat buildings, Velagapudi, Guntur District.

¶8

The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, NTR District.

¶9

The city planner, Vijayawada Municipal Corporation, Vijayawada, NTR District.

¶10

The Police Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District.

¶11

The Station House Officer, Governorpet, Vijayawada,^NTRDistrict.

¶12

The Assistant Commissioner of Police (Traffic), Vijayawada City, Vyas Complex, 0pp. Indira Gandhi Municipal Stadium, Bandaru Road, Vijayawada, NTR District.

¶13

The Station House Officer, Two Traffic Police Station, Vyas Complex 0pp. Indira Gandhi Municipal Stadium, Bandaru Road, Vijayawada, NTR District.

¶14

...RESPONDENTS

¶15

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or orders more particularly^{oneinthenature} of Writ of Mandamus declaring the action of the respondents^No.2to7 in taking steps to remove the shops of the members of the petitioner, whose list of names separately filed located in the Besant^{Roadsituatedinbetween} the Eluru Road and Bandaru Road, Vijayawada without issuing any prior notice, as required to be issued under Section 18 (3)^{ofTheStreetVendors} (Protection of Livelihood and Regulation of Street Vending) Act, 2014 and Rules made there under as illegal and arbitrary and^{inviolationofProvisions} of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, Principles of Natural Justice and Articles 21 of the Constitution of India and consequently direct the respondents^notto evict the members of the Petitioner whose list of names separately^{filedfromtheir} respective shops in Besant Road, situated in between Eluru Road and Bandaru Road.

¶16

lA NO: 1 OF 2024

¶17

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 respondents not to evict the members of the petitioner whose list of names separately filed from their respective shops in Besant Road, situated in between Eluru Road and Bandaru Road, pending disposal of the above writ petition.

¶18

Counsel for the Petitioner: SRI MADHAVARAO NALLURI

¶19

Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN

¶20

DEV

¶21

Counsel for the Respondent Nos. 2 to 3: SRI J DILEEP KUMAR (SC FOR

¶22

MUNICIPALITIES)

¶23

Counsel for the Respondent Nos. 4 to 7: GP FOR HOME The Court made the following: ORDER

[3233]

APHC010543652024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶28

THURSDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶29

PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

¶31

WRIT PETITION NO: 28139/2024

¶32

Between:

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The Vijayawada Hacker And Thopudu Bandala Union, ...PETITIONER AND

¶34

...RESPONDENT(S) The State Of Andhra Pradesh and Others

¶35

Counsel for the Petitioner:

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1.MADHAVA RAO NALLURI

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Counsel for the Respondent(S):

¶38

1.GP FOR HOME

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2.GP FOR MUNCIPAL ADMN URBAN DEV

¶40

The Court made the following Order:

¶41

Heard the learned counsel for the petitioner and the^{learnedAssistant} Government Pleader for the respondents.

¶42

This writ petition is filed questioning the action of the respondent j Nos.2 to 7 in taking steps to remove the shops of the^{petitioner,whoselistof} names separately filed in Besant Road situated in between^theEluruRoad and Bandaru Road, Vijayawada without issuing any prior^{notice,asrequired}

¶43

¶44

to be issued under Section 18(3) of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

¶45

X \

¶46

On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 2"^^ respondent dated 03.12.2024 submits that the writ of mandamus is premature, as the municipal corporation has not initiated any proceedings or actions which are lead to the removal of the shops. It is only an apprehension of the petitioner and if any action is contemplated that will be by following the due process only under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 including the issuance of the prior notice and consideration of the provisions for regulation of street vending. r

¶47

In view of the above said statement made by the 2"^^ respondent, no further orders are necessary in this writ petition.

¶48

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

¶49

As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.

¶50

SD/- K. TATA RAO //TRUE COPY// DEPUTY REGISTRAR SECTION OFFICER

¶51

To,

¶52

The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat buildings, Velagapudi, Guntur District.

¶53

The Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District.

¶54

The city planner, Vijayawada Municipal Corporation,^{Vijayawada,NTR} District.

¶55

The Police Commissioner, Vijayawada Municipal Corporation Vijayawada, NTR District.

¶56

The Station House Officer, Governorpet, Vijayawada,^NTRDistrict.

¶57

The Assistant Commissioner of Police (Traffic), Vijayawada City, Vyas Complex, Opp. Indira Gandhi Municipal Stadium, Bandaru Road, Vijayawada, NTR District.

¶58

The Station House Officer, Two Traffic Police Station, Vyas Complex Opp. Indira Gandhi Municipal Stadium, Bandaru Road, Vijayawada, NTR District.

¶59

^X^One CC to Sri Madhava Rao Nalluri Advocate [OPUC]

¶60

One CC to Sri J Dileep Kumar (SC for Municipalities) [OPUC]

¶61

Two CCs to GP for Muncipal Admn Urban Dev, High^{CourtofAndhra} Pradesh. [OUT]

¶62

Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

¶63

Three CD Copies

HIGH COURT

DATED:05/12/2024

ORDER

WP.No.28139 of 2024

1= 18 DEC 2C2<i m
1,0 Co.
Current Section . ^

¶70

DISPOSING OF THE W.P. WITHOUT COSTS

The Vijayawada Hacker and Thopudu Bandala Union, v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

The Vijayawada Hacker and Thopudu Bandala Union, v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

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