IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION Nos. 32744 OF 2015 AND 3874 OF 2025 WRIT PETITION NO: 32744 OF 2015 Between: 1. Kotta Venkata Rama Rao,(Died) S/o Gopala Rao, aged 52 years, Street Vendor, R/o 7-339/2, Huk Street, Vuyyuru, Krishna District. ^ Kotha Mahesh, S/o.Late Kotta Venkata Rama Rao, Aged about 38 years, R/o. H.No.7-339/2, Huk Street, Vuyyuru, Krishna District. (Petitioner No.2 is brought on record as L.R of the deceased sole writ petitioner as per the Court’s order dt. 25.02.2025 in I.A.No.1 of 2023 in writ petition and affidavit) 2. /' ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. The District Collector, Krishna District at Machilipatnam. The Nagar Panchayath, Vuyyuru rep. by its Commissioner, Vuyyuru, Krishna District. The Andhra Pradesh State Road Transport Corporation(APSRTC), rep. by its Vice Chairman and Managing Director, Head Office, Pandit Nehru’ Bus Station, Vijayawada, Krishna District. The Regional Manager, APSRTC, Krishna region, Vijayawada, Krishna. / The Depot Manager, APSRTC, Vuyyuru depot, Vuyyuru, Krishna District. 1. 2. 3. 4. 5. 6. (RR 4 to 6 are impleaded as per Court’s order dt.25.02.2025 in lA No.01 of 2021 in writ petition and affidavit) ...RESPONDENTS 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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3'^'^ respondent Nagar Panchayath, Vuyyuru in interfering with the vending activities of the petitioner on 4-09-2015 orally directing/ordering the petitioner to vacate the shop i.e., at the Pulleru Canal Bank on the Thotia Valluru Road, Near Bus Stand and Ryot Bazaar, Vuyyuru, Krishna District within two months or else, the shop would be removed by police force as contrary to the mandatory provisions of the "Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014, as arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not interfere with the petitioner's shop without providing alternative place of vending as per the above said Act. I.A. NO: 1 OF 2015(WPMP. I.A. NO: 1 OF 2015(WPMP. NO: 42289 OF 2015) 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 disposes the petitioner from the place where he has been vending rice to the general public as stationary vendor i.e., at the Pulleru Canal Bank on the Thotia Valium Road, Near Bus Stand and Ryot Bazaar, Vuyyuru pending disposal of the above writ petition. lA NO: 2 OF 2021 Between: 1. The Andhra Pradesh State Road Transport Corporation(APSRTC), rep. by its Vice Chairman and Managing Director, Head Office, Pandit Nehru Bus Station, Vijayawada, Krishna District. 2. The Regional Manager, APSRTC, Krishna region, Vijayawada, Krishna. 3. The Depot Manager, APSRTC, Vuyyuru depot, Vuyyuru, Krishna District. if ...IMPLEAD PETITIONERS/ PROPOSED RESPONDENT Nos.4 to 6 AND 1. Kotta Venkata Rama Rao,(Died) S/o Gopala Rao, aged 52 years. Street Vendor, R/o 7-339/2, Huk Street, Vuyyuru, Krishna District. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 3. The District Collector, Krishna District at Machilipatnam. 4. The Nagar Panchayath, Vuyyuru rep. by its Commissioner, Vuyyuru, Krishna District. 5. Kotha Mahesh, S/o.Late Kotta Venkata Rama Rao, Aged about 38 years, R/o. H.No.7-339/2, Huk Street, Vuyyuru, Krishna District. (Respondent No.5 is brought on record as L.R of the deceased Respondent No.1 as per the Court’s order dt. 25.02.2025 in I.A.No.1 of 2023) ...RESPONDENTS/RESPONDENTS 1 to 3 in WP No.32744 of 2015 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 vacate the interim order dated 07-10-2015 passed in W.P.No. 32744 of 2015 as well as in I.A.NO.1 of 2015 (WPMP.No.42289 of 2015 ) and dismiss the writ petition with costs. Counsel for the Petitioner: SRI Y. SUBRAHMANYAM , Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTARTION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR REVENUE / Counsel for the Respondent No.3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.4 to 6: SRI S. VENKATESWARLU, SC FOR APSRTC 0 WRIT PETITION NO: 3874 OF 2025 Between: Kotha Mahesh, S/o. late Venkata Ramarao, aged about 39 R/o.H.No.2-72, 0pp. A.G. and S.G College,Vuyyuru-521165, Krishna,Dt. ...PETITIONER years, AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Municipal Administration, A.P. Secretariat, Velagapudi, Amaravati. ^ 2. The District Collector, Krishna District, Machilipatnam. 3. Vuyyuru Nagara Panchayat, Represented by its Commissioner, ^ Vuyyuru-E21165, Krishna District. 4. The Depot Manager, APSRTC, Vuyyuru Depot, Vuyyuru-521165, ^ Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue any Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the oral orders of the Respondent No.3/Commissioner on 06.02.2025 to the Petitioner herein to vacate within (10) days the Bunk/Buddy/Shop i.e., at the Pulleru Canal Bank on the Vuyyuru - Thotlavalluru Road near Busstand and Rythu Bazar, Vuyyuru, Krishna District or else it would be removed with the help of Police and Municipal Staff as illegal, arbitrary and contrary to the Street Vendors Act, 2014 and further direct the Respondents and in particular the Respondent No.3 to follow the scheme provided under the Street Vendors Act, 2014 i.e., not to interfere with the Petitioner's Buddy/Shop without providing alternative may place of vending as per the above said Act, 2014. lA NO: 1 OF 2Q2fi IS Petition under Section 151 CPC praying that in the circumstances may be the Petitioner's vending rice etc., to the general public as stationary vendor i.e., at the Pulleru Canal Bank on the Vuyyuru - Thotlavalluru Road, Near Busstand and Rythu Bazar, Vuyyuru, pending disposal main Writ Petition. stated in the affidavit filed in support of the petition, the High Court pleased to direct the Respondents not to dispossess Buddy/Shop i.e., from the place where he has been Counsel for the Petitioner: SRI Y. SUBRAHMANYAM Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTARTION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR REVENUE /■ Counsel for the Respondent No.3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.4: SRI S. VENKATESWARLU FOR APSRTC The Court made the following: COMMON ORDER ,SC APHC010464092015 iff IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 32744/2015 and 3874 of 2025 W.P.No.32744 of 2015 Between; Kotta Venkata Rama Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.YSUBRAHMANYAM Counsel for the Respondent(S); 1. 2.GP FOR REVENUE (AP) 3.GP-MUNCIPAL ADMN AND URBAN DEV(AP) W.P.No.3874 of 2025 Between: Kotha Mahesh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.YSUBRAHMANYAM Counsel for the Respondent(S); 1.GP FOR MUNCIPAL ADMN URBAN DEV COMMON ORDER:- & Since the issue involved in both the writ petitions is one and the same, and the petitioners in both cases are father and son, this Court is of the view that it is appropriate to decide both the petitions by common order. 2. 2. W.P.No.32744 of 2015 is filed by one Kotia Venkata Rama Rao, who is father of the petitioner in W.P.No.3874 of 2025, declaring the action of the 3 respondent in interfering with his business activities on 04.09.2015 by orally ordering the petitioner to vacate the shop at Pulleru Canal Bund on the Thotia Valluru Road, Near Bus Stand and Ryot Bazar, Vuyyur, Krishna District, wherein, this Court was pleased to grant an interim order directing the respondents not to dispossess the petitioner from the place where he has been vending rice to the general public as statutory vendor i.e., at Pulleru Canal Bund on the Thotia Valluru Road, Near Bus Stand and Ryot Bazar, rd I Vuyyur. 3. The grievance of the petitioner in W.P.No.3874 of 2025 i.e., the son of the petitioner in W.P.No.32744 of 2015, is also that the 3'^^ respondent herein has orally instructed the petitioner to vacate the shop within 10 days or else it would be removed with the help of Police and Municipal staff. 4. Learned Standing Counsel representing respondent No.3 has furnished a copy of instructions, wherein it is stated that the respondents, in compliance with the orders passed by this Court in W.P.No.32744 of 2015, is not interfering with the possession of the petitioner and it is also further stated that even as of today, the 3'^^ respondent has not orally instructed the petitioner to V vacate from the said premises. 5. Recording the said instructions furnished by the 3 22.02.2025, this Court rd respondent dated is of the opinion to dispose of both the writ petitions directing the respondents not to interfere with the possession of the petitioners without following due process of law. 6. With the above direction, these Writ Petitions are disposed of. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Municipal Administration Pradesh, Secretariat, Velagapudi, Amaravati, 2. The District Collector, Krishna State of Andhra Guntur District. District at Machilipatnam. 3. The Commissioner, Nagar Panchayath, Vuyyuru, Krishna District. 4. The Vice Chairman and Managing Director, Road Andhra Pradesh State Transport Corporation(APSRTC), Head Office Pandit Nehru Bus Station, Vijayawada, Krishna District. 5. The Regional Manager. APSRTC, Krishna region. Vijayawada, Krishna 6. The Depot Manager, APSRTC, Vuyyuru depot, Vuyyuru, Krishna District. 7. One CC to Sri Y. Subrahmanyam, Advocate 8. One CC to M/s. Sireesha Rani Vallabhaneni, MunicipalitiesfOPUC] [OPUC] SC for 9. One CC to Sri S. Venkateswarlu, SC for APSRTC[OPUC] 10. Two CCs to GP for Municipal Administration and Urban Development / High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. ssb HIGH COURT •s • \ •DATED:25/02/2025 X 02 APR 2025 *2-^ Current section ^ / mi pi. CMMON ORDER WP.Nos.32744 of 2015 and 3874 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS