Banoth Susheela, Vs The State of Telangana

Nimba Vishal Singh, S/o. Nimba Kalu Singh, Aged about 4l years, Occ. Street Vendor Rl/o. H. No. 1-2811 , Nanakramguda, Serilingampalle, Golconda., Hyderabad- 500008.

¶12

B. Shanker, S/o. B. Dharmaiya, Aged about 33 years, Occ. Street Vendor, Rl/o. H.No.1-58, Shapur, KV, Rangareddy, Telangana- 501202.

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L. Narender Singh, S/o. L. Subhash Singh, Aged about 39 years, Occ. Street Veridor, Rl/o. H.No. 1-3'1/3, Nanakramguda., Serilingampally, Gachibowli.

¶14

Doddanna Krishnaveni, Wo. Doddanna Venkatramulu, Agbd about 38 years, Occ. Street Vendor, Rl/o. H. No. 6-190, Tatikonda., Bhoothpur, ltlahaboobnagar, Telangana- 509382.

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Rotte Shobha, W/o. Rotte Mahesh, Aged about 30 years, Occ. Street Vendor, R:io. H.No. 3-42, Nasurallabad Village, Jedcherla Mandal, Mahaboodnagar, Telangana-509301 .

¶16

B. Rathod Ashok, S/o. Rathod Shanker, Aged about 32 years, Occ. Street Vendor, Rl/o. H. No. 3-27, Korviched Ghani, Korviched, Ranga Reddy District, Telangana-501 143.

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Guthupa Jaya Sudha, Wo. Guthupa Ramakrishna, Aged about 39 years, Occ. Street Vendor, Rl/o. H.No 1-6-120, Gummunur, Mahaboobabad, Warangal District, Telangana- 506101 .

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10.B. Kishan, Sio. Valya Naik, Aged about 30 years, Occ. Street Vendor, Rl/o. Journalists Colony, Gowlidoddi, S ereli ngampal le, Hyderabad, Ranga Reddy District, Telangana-5000'1 9.

¶19

Pawar Bheem Rao, S/o. Ramulu, Aged about 42 years, Occ. Street Vendor, Ri/o. H.No. 3-65/1, Siddapur, Tharda, Godgarpalle, Kohir, Medak-502220.

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Doddanna Venkatramulu, S/o. Doddanna Balanagayya, Aged about 45^years, Occ. Street Vendor, R:/o. H No. 6-190, Tatikonda, Bhoothpur, Mahaboobnagar, Telangana- 509382.

¶21

13.Gunti Laxmi, Wo. Gunti Janaki Ramulu, Aged about 38^years, Occ. Street Vendor R:/o. H. No. 3-105, Moosapeta, Sankalamaddi, Mahaboobnagar, Telafeana- 509380.

¶22

l4.Kunchiti Jyothi. D/o. Naganna,^{Aged about42 ye-{s, Occ.Street Vendor, R/o'} H.No. 1-27 GaddegudS,^{Vevaragdra Mandal,Mahaboobnagar, Telangana-} 509204.

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l5.Banotli PrasaC, S/o. Banoth Lalu,^{Aged about 21 years old, Occ.Street} . Vendor R/o ElNo.1-58, Shapur, KV, Rangareddy, Telangana-^1i012O2.

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16.Pawar Subhash, S/o. Pawar Lakshman, Vendor, R/o.^.H No. 12-94,^{Harchand Aged about 34 Nayak Thanda, years, Occ. Zahirabad,Street} Mogdampaile, Medak District,^{Telangana- 502221.}

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17.Dattu, S/o. Vishwanath, Aged about^{29 years, Occ. Slreet Vendor,Ri/o. H. No'} 1^'12, Nanakramg;uda, Rangareddy, Telangana.

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Doddenna Nagamani, D/o.^{Nagaiah, Aged about} -^{33 yea's,.Occ} .^Street Vendor, R/o. ii. No. C-665, Ga]ulapeta,^{Addakal Mandal, lt4ahaboobnagar} District, Telanga na- 509382.

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19.Yella Reddy Karrakkagari, S/o.^{K. GiddaReddy,Age-d about 49 years,Occ.} Street Ventior, tVo. P[ot No. 1464, Siddique^{Nagar, Gachiborvli, Hyderabad-} 500032.

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20.Pradeep Yadav, S/o. Sukhdev Yadav,^{Agedabout 27 yea's,Occ.Street} Vendor, Rl/o. Gc,rtlali, Deori, Kisgo, Giridhi, Jharkhand-⁸²⁵⁴¹²

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2l.Singadasari Upender, S/o. Singadasari^{Gandaiah, Aged.about 35 years, Occ.} Strdet Venclor, Rl/o. H No. 2-1f3hlA-1 ,^{SC Basthi, Nanakramguda, Golconda,} Hyderabad T elangana- 500008.

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22.Yakaiah, Qio. Narsaiah Aged about^{35 years, Occ. StreetVenlorsRl/o.H.No.} 4-1 1 , Nellikudur, Alreu, Warangal, Telangana-^50610'1.

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23.lVlali Renuka, W/o.. Yakaiah, Aged about^{29 years,Occ.Stret>t Vendors Rl/o.} H.No. 4-1 1 , Nellikudur, Alreu, Warangal, Telangana-^506101.

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24.Bada Hemalatha, D/o. Malla Narsaiah, Aged^{about 35 years,Occ. Street} Vendor, Rl/o, H. No. 3-97, Nellikudur, Alreu,^{Warangal,Telangerna- 506'101}

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Banavath Anil,^lS/o. B. Pandu Aged about^{32 years,Occ. Stre;et VendorRl/o.} H. No. 1 12l5, Nanakramguda, Serilingampally, Gachibowli.

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26.Vanaparty Satyia Srinivas, S/o. V. Veera^{Venkata SatynarayanaMurthy,Aged} aboui 44- years, Occ. Street Vendor,^{Rl/o. H. No. 2-24, Ranalayam Street,} Seethanajaram, Hundeshwarapuram, Mirthipadu,^{East Gcdavari District,} Andhra Pradesh- 533293.

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27.Chilra Seenu, S/o. Siva Ramakrishna, Aged about^{38 years, Occ.Street} Vendor, Rl/o. H. No. 2-11 , P . Agraharam, Thondangi,^{East G odavariDistrict,} Andhra Pradesh- 533408.

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28.Gai Srinivas Rao, S/o. Chinna Bhiksham,^{Aged about 40 years, Occ. Street} Vendor Rl/o. H I'Jo. 1-209b, Durgi, Guntur District,^{Andhra Pradesh- 522612.}

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29.Nimba Vikky Singh, S/o. Nimba Sanjesh Singh,^{Aged about 34 years, Occ.} Street Vendbr, No. 2416, Nanakrarnguda, Serilingampalle,^Gar:hibowli.

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30.M. Kishan, S/o. M. Ganya, Aged about^{42yea$,Occ. Street Vendor,Rl/o.H.} No. 2-84, Nanakramguda, Serilingampalle, Gachibowli.

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31 .Phulva Bai, W/o. Prakash Singh, Aged about 39^{yrs,13-1-1 '13715, Dhoolpet,} Manghal Hat, Hyderabad- 500006.

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32.Akhilesh Kumar, S/o. Sahadev Chaudhari, Aged about 39^years, Occ. Street Vendor, Fl/o. 8-124, Kokapet, KV, Ranagareddy, Telangana- 50t1075.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat Building, Hyderabad.

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.2 The State of Telangana, Rep by its Principal Secretary, Municipal Adminiskation Department and Urban development, Secretariat Buildings, Hyderabad.

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Town Vending Committee, Rep. by Chairman of GHMC Circle 20, Commissioner of GHMC, Serilingampalli Zone, Telangana

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Telangana State lndustrial lnfrastructure Corporation (TGllC), Rep. by Zonal Manager, 6th Floor, Parisrama Bhavan, Fateh Maidan Road, Basheerbagh. Hyderabad - 500 004

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The Greater Hyderabad Municipal Corporation, Office at Tankbund, Hyderabad, Rep. by its CommisSioner and Chairperson.

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Commissioner of Police, Cyberabad, Olo. P121, Old Mumbai Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032.

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The Station House officer, Gachibowli Traffic Police Station, Hyderabad, Telangana.

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The Station House officer, Gachibowli Police Station, Hyderabad, Telangana

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...RESPONDENTS

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Petition under Article 226 of the 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 Writ of Mandamus declaring the action of the Respondent officials in violating Petitioners Fundamental Right to life/livelihood by trying to dispossess them from their place of vendingmore specifically on sideway of Road No. 1, Financial District, beside compoundwall of TGllC, Nanakramguda, without anynotice or following the due procedure under the provisions of The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 as arbitrary, unlawful and also violative of Article -14, 19(1)^(g) and 21 oI^the Constitution of lndia. Consequently,Direct Respondent No. 3 and 4 officials^to conduct a complete and inclusive survey as contemplated under the^provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Acl,2014 and issue street vending 1D cards to Petitioners herein.

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lA NO: 1 OF 2025

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Petition under {lection^{151 CPC prayingthat in the circumr;tances stated} in the affidavit filed^{in supportof the petition, the Highcourt may be pleasedto} direct respondent^{Nc,.3 to 7 officials not to harassthe petitioners by taking any} coercive steps including^{issuingany challans or seizingcarts or any other} coercive steps towards the^{petitioners dispositionfrom their place of vendingon} sideway of road^{No.1, FinancialDistrict, beside compound vrall of TGllc,} Nanakramguda^pending disposal^{of this writ.}

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Counsel for the Petitioner: SRI^{K.PRITHVI REDDY}

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Counsel for the Respondent^{No.I, 6 to 8: AGP FOR HOME}

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Counsel for the Respondent^{No.2: GPFOR MCPL ADMN & URBAN DEV}

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Counsel for the Respondent^{No.3 & 5: SRI G.MADHUSUDHANRE,DDY,} SC FOR GHMC

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Counsel for the Respondent^{No.4:GPFOR INDUSTRIES& COMMERCE}

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4293 OF 2025

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ORDER:

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Heard Sri K.Prithvi Reddy, learned . counsel for the petitioners, learned Government Pleader for Industries and Commerce for respondent No.4, Sri G.Madhusudhan Reddy, Standing Counsel appearing for respondent Nos.3 and 5 and learned Assistant Government Pleader for Home for respondent Nos.6 to B

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Petitioners are 32 in number. They are all street vendors. They are conducting street vending in West Zone Serilingampally (Circle 2O now), Ward Nos.1O5 and 111, Nanakramguda, Hyderabad. In proof of the same, nine petitioners filed I.D. cards issued by Deputy Commissioner, GHMC. According to learned counsel for the petitioners, in respect of other petitioners, respondents-GHMc have not issued LD. cards. It is their specific contention that they are conducting vending by selling mea,ls, tea, tiffins, fast food, chips, etc., at Sideway of Road No. 1, Financial District, adjacent to compound wa1l of Telangana State Industrial Infrastructure Corporation (TGIIC), Nanakramguda,

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Hyderabad It is a vending^{zone an'dearmzrrkedfor the} purpose of street vendors. They^{are vendingat the szLid place} since last 10^'gears. In^{proof of the same,they have filed} photographs. Even then, respondent^{Nos.4, 7 and 8are} trying to disprossess the petitioners^{from the said placeof} vending wi1-hou.t following due^{procedure laid down urderlaw.} Challenging the said action of respondent^{Nos.4, 7 and 8,} petitioners filed the present writ^petition.

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In the light of the same, it is reievant to^{rLote that} Central Govr: rnment has enacted the^{Street Vendors} (Protection of Livelihood and Regulation of Street^'/ending) Act, 2Ol4 (hereinafter referred as the Act, 2Ol4'),^withan object to pt'otr:r:t the rights of the Urbal^{Street Venclot'sand to} regulate strce t vending activities and for matters^connected therewith or incidental thereto:

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Chapl€r II of the said Act deals with regulati,ln of^street vending,.

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Section 3 deals with Sunrey of street^{vendors and} protection from eviction or telocation:

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(1)^'lhe Town Vending Committee shall, within such period trnd in such manner as may be specifred in the scheme, conducr a survey of all existing street vendors, within the area under iLs^{j,rrisdictioir,} ald subsequent survey shall be carried out at 1eas1^,:nce in every five years.

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(2) The Town Vending Committee shall ensure that all existing street vendors, ideotifred in the survey, are accommodated in the vending zones subject to a norm conforming to two and half per cent of the population of the ward or zote ot town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones.

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(3) No street vendor shall tle evicted or, as the case may be, relocated till the survey specilied under sub-section (1) has been completed and the certificate of vending is issued to all street vendors.

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Section 4 deals with issue of certificate of vending: (1) Every street vendor, identified under the survey carried out under sub-section (1) of section 3, who has completed the age of fourteen years or such age as may be prescribed by the appropriate Government, shall be issued a certi{icate of vending by the Town Vending Committee, subject to such teryns and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending: Provided that a person, whether or not included under the survey under sub-section (1) of section 3, who has been issued a certificate of vending before the commencement of this Act, whether known as licence or any other form of permission (whether as a stationary vendor or a mobile vendor or under any other category) shall be deemed to be a street vendor for that category for the period for wtrich he has been issued such certificate of vending.

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(2) Where, in the intervening period between two surveys, any person seeks to vend, the Town Vending Committee may grant a certificate of vending to such person, subject to the scheme, the plan for street vending arrd the holding capacity of the vending zones.

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(3) Where the number of street vend.ors identihed under sub-section (1) or the number of persons seeking to vend under sub-section (2) are more than the holding capacity

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of the vendLrlg zone^{and exceeds the number of persons t: be} accommodat3d in that^{vending zone, the TownVcnling} Committee^s;tra1l carry out a^{draw of lots for rssuingthe} certificat-e of vending^{for that vendingzote atd the remairing} persons shall be accommodated^{in aly adjoining vending 'lone} to avoid reltx:aLion.

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Section 5 dea-ls with^conditions -^{forissue of} certificate of vending:^{(1) Every street venilorsha1lgrv: al} undertaking to the Town Vending^{Committeeprior to the issue} of a certihcate of vending under^{section 4, th,at-(a) hc l;hal1} carry or the business of street^{vendinghimself or throughany} of his family member; (b) he has^{no other meansol livelihood:} (c) he shall r-rot transfer in any manner whatsoever,^including rent, thc certificate of vending or^{the place specifiecl theren to} arty othcr person.

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. (2) Whe re a street vendor to whom a certificate^of vending is issued dies or suffers from any^{permanent disability} or is rll, onr: of his family member^{in following orderof priority,} may vencl in his place, ti1l the validity of^{the ccrtlficat'eof} vending- (a) spouse of the street vendor;^(b) depe;'rdent ':hild of the sl-rce t vendor: Provided that^{wherca disputcarises,rs to} who is ,rntit'.ed to vend in the place of the vendor,^{the matter} shall be dcr:ided by the committee under^{section 20.}

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Section 6 deals with categories of^{certificate of} vending and issue of identity cards:^{(1) The certihcate of} vendir.rg shatl tre issued under any of the^{followingcategc'ries,} namelrr:-- .0 a stationary vendor;^(b) a mobile^{vctrdor;or (c)} alry other category as may be specihed in the^scheme.

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(2) l'he certihcate of vending issued for the categcries specifie,1 ir, sub-section (1) shall be in such^{form, and issued} in such marner, as may be specifred in the scheme ald^specify the vending zone where the street vendor shall carry^{otL his} vending arctivities, the days and tirnings for carrying on such vending activities and the conditions and restrictions subject to which hr: shall ca.rry on such vending activities.

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(3) Every street vendor who has been issued certifrcate of vending under sub-section (1) shall be issued identity cards in such form arrd manner as may be specified in the scheme.

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Section 7 dea-ls with criteria for issuing certificate of vending: The criteria to be followed by the Town Vending Committee for issuing certificate of vending to a sheet vendor shall be as specifred in the scheme, which may, apart from other things, provide for preference to the Scheduied Castes, the Scheduled Tribes, Other Backward Classes, womcrr, persons with disabilities, minorities or such other categories as may be specifred in the scheme.

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Chapter III of the said Act deals with rights and obligations of street vendors:

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Chapter IV of the said Act deals with relocation and evictiorr of street vendors.

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Chapter V of the said Act deals with dispute redressal mechanism."

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As discussed supra, it is the specific case of the petitioners that they are conducting vending at the aforesaid place and in proof of the same, some of them have filed I.D. cards and also photographs. Perusal of the photograph filed at Page No.161 would revea,l that there is a board depicting "TSIIC IALA FINANCIAL DISTRICT STREET VENDOR'S ZONE". Therefore, respondent Nos.4, 7 and 8 cannot dispossess the petitioners from the aforesaid place of vending, without following the procedure laid down under the Act, 2014.

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Sri G.Madhusudhal Reddy, Standing^Counsel appearing lbr respondent^{Nos.3 and 5, on instructions, would} submit that Oommissioner, GHMC,^{Chairma:r of Vending} Committee. is taking all necessary^{steps forrdr:ntifying} vending and r-'ctn-vending zones within^{GHMC limits ir-rcluding} the subject place, issue LD. cards to^{the street vendors} inciuding the petitioners herein and thereafter^{he rvill take} steps stri,:tl-r' in accordance with the Street^Vendors (Protection of Livelihood and Regulation of Street '/ending) Act,2014

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6 . Ir-r similar circumstances, uide ordel' dated

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02.Ol.2O2a; irr V/.P.No.37 135 of 2024, this Court^{disposed of} the rvrit petition with certain instructions. Petitioners^herein are aiso street vendors, to maintarn parity, they are also entitled for th,: very same relief.

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7 . h.r the light of the said submission, this Writ Petition is clisposed of directing Commissioner, GHMC, Chairman ol' Vending Committee, along rvith Deputy Commissionersi concerned to appoint Vending Cornmittee, identify the vr:nding and non-vending zones in respe:t of the area in which the subject property is situated, issue I.D.

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cards to the petitioners as per their eligibility within four (04) weeks from the date of receipt of a copy of this order. Till then, respondent Nos.4, 7 and 8 are directed not to dislocate or dispossess the petitioners from the aforesaid place of vending. Petitioners are directed not to sell any prohibited articles and shall not create hurdles for free flow of traffic.

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Miscellaneous petitions pending, if any, shall stand

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closed. There shall be no order as to costs

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SD/.V, KAVITHA AS ANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To, 1. The Principal Secretary, Home Department, Secretariat Building, Hyderabad, State of Telangana.

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The Principal Secretary, Municipal Administration Department and Urban developnrent, Secretariat Buildings, Hyderabad, State of Telangana.

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The Chairman of GHMC Circle 20, Town Vending Committee, Commissioner of GHMC, Serilingampalli Zone, Telangana

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The Zonal Manager, Telangana State lndustrial lnfrastructure Corporation (TGllC), 6th Floor, Parisrama Bhavan, Fateh Maidan Road, Basheerbagh. Hyderabad - 500 004

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The Commissioner and Chairperson, Greater Hyderabad Municipal Corporation, Office at Tankbund, Hyderabad.

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The Commissioner of Police, Cyberabad, Olo. Pl21 , Old Mumbai Hwy, Next to Care Hospital 2-48, Sri Shyam Nagar, Telemm Nagar Extension, Gachibowli, Hyderabad, Telangana 500032.

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