KEERTI RAJESHAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Both these Writ Petitions are filed for a Mandamus to declare the action of respondent No. 2 -Municipality in seeking to dispossess the petitioners by demolishing the shops/temporary structures raised by them in Survey No. 87 PP situated near water tank, Mancherial, Adilabad District, without following the due process of law, as illegal and arbitrary.

(2.) From the pleadings of both the parties, it is evident that the petitioners have occupied a road margin in the aforesaid survey number, raised structures thereon and have been carrying on their respective businesses. There is, however, a dispute as to the nature of these structures. While it is the case of the petitioners that these are temporary structures, respondent No. 2 has pleaded that they are permanent structures.

(3.) Be that as it may, in the counter -affidavit of respondent No. 2, it is stated that 698 street vendors were identified and given identity cards by the Town Vending Committee (for short 'the Committee'). However, having admitted in Paragraph 4 of the counter -affidavit that the petitioners have been using the road portion in Survey No. 87 PP for carrying on their respective vending businesses, no reasons have been given as to why the Committee has not identified the petitioners as street vendors.