ORAL ORDER

Heard Mr.K.Prithvi Reddy, learned counsel for the petitioners, Mr.Aniketh Reddy, learned Assistant Government Pleader for Home for respondent Nos.1 and 5 to 7, learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No.2 and Mr.Middhe Arun Kumar, learned Standing Counsel for respondent Nos.3 and 4.

2. The petitioners are eleven (11) in number and they are claiming that they are street vendors. They are vending at sideway of road leading to Mehdipatnam under Shaikpet flyover beside the compound wall of respondent No.8- International School Shaikpet, since last 6 to 12 years. They are selling edible items like fruits, juices and other food items. Even then, at the instance of respondent No.8, respondent Nos.3 to 7 are trying to dispossess the petitioners from the subject property without following the due process of law, more particularly, the procedure laid down under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Therefore, challenging the said action of respondent Nos.3 to 7, the petitioners filed the present writ petition.

3. Mr.Aniketh Reddy, learned Assistant Government Pleader for Home, for respondent Nos.1 and 3 to 7, on instructions, would submit that respondent No.8 has lodged a complaint, dated 11.11.2024 with respondent No.4 stating that pan dabbas selling cigarettes, tobacco items, fast food, etc., having occupied the complete compound wall of the school. It is very unsafe for the school children. They are also dumped garbage in front of the school along the school compound wall thus creating unhygienic conditions with foul smell, flies and mosquitoes. In the recent meeting conducted by Police Commissioners to all the Principals of the Schools, they were told that the drug consuming and peddling is very high in the city and they were told to keep an eye on the outside of the school gate to safe guard the children. The school compound wall was constructed little inside keeping in mind ample parking space at arrival and dispersal of students as it’s a highway road.

4. Learned Assistant Government Pleader for Home further submits that on receipt of the said complaint, respondent No.6 found that there is unauthorised encroachment by the petitioners herein and as per the instructions of respondent No.5, respondent No.6 removed the unauthorised encroachments which are obstructing parking. He has also produced the written instructions of respondent No.6 along with the said complaint and the same were placed on record.

5. As discussed supra, the petitioners are claiming that they are street vendors and they are vending at the same place from last 6 to 12 years. It is their specific case that they are selling edible items like fruits, juices and other food items. They never sold cigarettes or any tobacco items, etc. as alleged by respondent No.8.

6. In the light of the same, it is relevant to note that Central Government has enacted the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 with an object to protect the rights of the Urban Street Vendors and to regulate street vending activities and for matters connected therewith or incidental thereto:

Chapter II of the said Act deals with regulation of street vending.

Section 3 deals with Survey of street vendors and protection from eviction or relocation (1) The Town Vending Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jurisdiction, and subsequent survey shall be carried out at least once in every five years.

(2) The Town Vending Committee shall ensure that all existing street vendors, identified 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 zone or town or city, as the case may be, in accordance with the plan for street vending and the hol