A.Prabhakar and 17others v. Sri.Venkanna Naik,

Court: High Court for State of Telangana

Bench: K.LAKSHMAN

Judgment date: 2024-12-06

Case summary

High Court for State of Telangana judgment dated 2024-12-06. A.Prabhakar and 17others v. Sri.Venkanna Naik,. Read the judgment and case details on LawSphereX.

Judgment text

,1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN coNTEMPT CASE NO: 422OF 2023 Contempt Case U/s 10 to 1 5 of Contempt of Courts Act to punish the respondents herein for willfully, wantonly, disobeying the Orders of the High Court made in W. P. No. 42444 ot 2O22 dated 28. 11-2022. Between: 1. A. Prabhakar , S/o A. Bhagavanthu, Aged. 46 years, Occ. street Vendor, Rl/o Daroa. Tolichowki. Hvderabad. 2. G. M'alhiah, S/o G. Aipa Rao, Aged. 55 years, occ. street Vendor, Rl/o Near Pochamma Gudi, Darga, Hyderabad. 3. G. Manyamaiah, S/o Balaiah, Aged. 40 years, Occ. Street Vendor, 4. P. Ramirlu, S/o Venkatesh, Ag-ed. 40 years. Occ. Street Vendor, R/o KPHB Colony, 4th Phase, Hyderabad. 5. Ajay Yadav, S/o Haiihar Yadav, Aged. 26 years, Occ. Street Vendor, Rl/o Madhapur, Harijan Basthi. Hyderabad. 6. Mohd. lbrahim, S/o Mohd M-anzoor, Aged.

25 years, Occ,street Vendor, Ri/o Bora Banda, 1-4-84, Hyderabad 7. M. Lacha Goud, S/o 6ala Goud, Aged. 44 years, Occ. Street Vendor, Rl/o Madhapur, Ayyappa Society. Hyderabad 8. Sk. Abciul Khaiuiri, S/o Ba6u Miya. Aged. 27 yearc. Occ. Street Vendor, Fl/o New Allapur, Borabanda, 1411 -88i8, Borabanda, Hyderabad. 9. Sk. Abdul'Siraj, S/o Abdul Rehman, Aged. 24 years, Occ. Street Vendor, R/o New Allapur, Borabanda, HYderabad. 'Kishor, 10. G. Shiva S/o Hanuinarah, Aged. 30 years, Occ. Street Vendor, Rl/o KPHB Colony, 4th Phase, Hyderabad 11. T. Anitha, Wb Venkat Ram Reddy, Aged 32 years, Occ. Street Vendor, Rl/o Samshabad, Hyderabad 12. K. Naga Laxmi- Reddy. S/o KSubba Reddy. Aged 53 years, Occ'Street Vendor, Rl/oSiddignagar, 1 -2132. Gachibowli, Hyderabad. 13. K. Raju,' S/o K. Dimb6swar. Aged 33 years. Occ street Vendor, Rl/o Street No. 3, Gachibowli, Hyderabad. 14. M. Rddhika, Wo Licha Goud, Aged. 25 years, Occ. Street Vendor, Ri. /o Madhapur, Ayyappa Society, Hyderabad- '15. Y.

Rajaihekai-nbOoy, S/o Sivi Reddy. Aged 48 years, Occ. street Vendor, R/o Siddignagar, Gachibowli, Hyderabad. -Aged -S/o 16. T. Krishia, T Seshadri, 45 years, Occ. Street Vendor, R/o Madhapur, Ayyappa Society, Hyderabad 17. N. Sathyanar5yana, Slo Se6ta Raghavlu. Aged 48 years' Occ. Street Vendor, R/o Sai Nagai, Madhapur, Ayyappa Society, Hyderabad lS. Kummari S-hekar, S/o K. Veeiappa. Aged. 32 years. Occ. Street Vendor, R/o 7- 15, Doma, Ranga Reddy, Hyderabad. ... PETIT|ONERS AND 1. Sri. Venkanna Naik, The Oeputy Municipal Commtssioner, GHMC, Serilingampally, Hyderabad 2. Sri. G. Sudheer Babu, The Additional Commissioner of Pohce(Traffic), Hyderabad and Member Town Vending, Hyderabad. 3. Sri. Mahesh, The Station House Officer, Rayadhurgam Police Statibn, Cyberabad. 4. Sri. P. Shravan Kumar,, The Zonal Manage(FAC), TSIIC Cyberabad Nanakramgudam' Hyderabad ... RES'.

NDENTS lA NO: 1 OF 2023 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 change the nature of the Street Vending Lane i. e. , i e , Opposite to Gate No. '10 and in between Dollas Centre, T-hub, Gowra Palladian, Knowledge City Salarpuria Satra, situated at Kondapur and to pass Counsel for the Petitioner : SRl. C KUMAR Counsel for the Respondent Nos. 1 to 3 : SRI RAPARTHI VENKATESH G. P FOR HOME Counsel for the Respondent Nos. 4 : SRI L. PRABHAKAR REDDY S. C FOR TSIIC The Court made the following: ORDER HON'BLE SRI JUSTTCE K. LAITSHMAN CONTEMPT CAS ENo. 422 of 2o23 ORDER: Heard Sri C. Kumar, learned counsel appearing for the petitioners, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent No. 1, learned Assistant Government Pleader for Home appearing for respondent Nos. 2 and 3 and Sri L.

Prabhakar Reddy, learned Standing Counsel appearing for respondent No'4' Perused the record. 2. This Contempt Case is filed alleging willful and deliberate violation of order, dated 28'll'2022 in W. P. No. 42444 of 2022- Yide the aforesaid order, this Court disposed of the writ petition directing the petitioners to submit online application seeking licence to conduct business and the respondents shall consider the same within four (4) weeks from the date of receipt of the said application. According to the petitioners, they have submitted an application through their association i'e', K C. C. No. 422 of 202 Bhagranagar patri Thela Hawkers Sangh to respondent No. 9 on 09. O1. 2023 with a request to issue identity cards to the street vendors. But the respondents did not take any action on their application 3. Perusa_l of record would reveal that the petitioners lrled a writ petition vide w. p. No . 42444 of 2022 to decrare the action of the respond.

ents therein in not implementing thc street vendors (protection of livelihood and Regulation o[ Street Vending) Act, 2Ol4 and Rules 2020. Vide aforesaid order, dated 2g. 11. 2022, t]ris Court disposed of the writ petition directing the petitioners to submit online application seeking licence to conduct business ancl the respondents shall consider the same within four (4) weeks lrom the date of receipt of tJle said application. Petitioners instead of submitting application on their own to th<: competent authority, they have submitted through their association to respondent No. 9, who is no way concerned. Therefore, according to this Court, there is no violation much less willful and deliberate violation of the t I KL,J C. C. No. 422 of 2023 said order, dated 28. ll. 2o22 in W. P. No. 42444 of 2022 by Case closed' the respondents. Therefore, this Contempt is There shall be no order as to costs.

petitions, if any, As a sequel thereto, miscellaneous pending in the Contempt Case shall stand closed' Sd,- B. SATYAVATHI DEPUTY REGISTRAR ,ffRUE COPY// E TION OFFICER To, 1 One CC to Sri C. Kumar, Advocate (OPUC) i Sli! 6d i; 5;i i. piaofar. ai neddv, S c ror rsrrc (oPU-c) I 5. i;; dd"'io G. P f"iHo,ie, ii'gh 6burt for the State of Telansana at HvderabadlOUTl. 4 Trjvo CD CoPies Ks/gh 4/, HIGH COURT DATED:0611212024 1 HE SIaf G t/^ ( rt ( 5 o 2 24 Fi3 2! 25 c i ?? l I t I oF;'o,.. 16rtF o I \ I ORDER --. \- I - I I CC. No. 422 ot 2023 Closing the Contempt Case. Without costs. K

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