HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.28689 of 2014 Date : 23-12-2014 Between :
Adarsha Rythu Mithra Sangam, Represented by its Convenor Kambhampati Srinivasa Rao, Tadigadapa, Vijayawada Krishna District ..
Petitioner And The Government of Andhra Pradesh, Represented by its Principal Secretary, Agriculture & Co-operation (Marketing) Department, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioner : Mr. Suresh Kumar Potturi Counsel for respondents : Assistant Government Pleader for Agriculture The Court made the following:
ORDER:
This writ petition is filed for a Mandamus to set aside proceedings No.A1/187/2014-5 dated 11.09.2014 of respondent No.4.
I have heard Mr. Suresh Kumar Potturi, learned counsel for the petitioner and the learned Assistant Government Pleader for Agriculture (AP).
The petitioner was allotted a stall in Rythu Bazar at Patamata, Krishna District, for a period of one year on 22.06.2007 and subsequently the same was renewed. Thereafter, respondent No.1 has issued G.O.Ms.No.29 Agriculture & Cooperation (AM.IV) Department dated 16-2- 2012 containing comprehensive guidelines for allotment of stalls in Rythu Bazars. Under Clause 3(f) of Annexure-I to the said G.O., the period of allotment shall not exceed three years from the date of issue of order by the Joint Collector. The petitioner has completed the period of three years from the date of initial allotment. Therefore, on the expiry of the three years period, respondent No.4 has issued the impugned notice, wherein it is stated that as the three years period has expired, the petitioner shall vacate the stall within one week. Feeling aggrieved by the same, the petitioner filed this writ petition.
At the hearing, the learned Assistant Government Pleader for Agriculture (A.P.) placed before the Court a copy of order dated 9-4-2014 in W.P.No.32951 of 2013, wherein this Court held that the persons in occupation of the stalls in Rythu Bazars have no right to be continued beyond three years in view of the policy adopted by the Government in G.O.Ms.No.29 dated 16-2-2012. I am in respectful agreement with this view of the learned Judge. The obvious intention behind stipulation of maximum period of three years by the abovementioned G.O. appears to be that having regard to the limited availability of stalls in Rythu Bazars compared to the large number of agriculturists and various other groups, permitting the same persons for unduly long periods to occupy the stalls will deny an equal opportunity to other similarly situated agriculturists and persons belonging to other groups covered by the said G.O. Considering the fact that the petitioner has already completed the period of three years in running the stall, it is bound to make way for others. In this view of the matter, no legal right of the petitioner is infringed by respondent No.4 in issuing the impugned notice.
For the above-mentioned reasons, I do not find any merit in the writ petition and the same is accordingly dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP No.35911 of 2014 filed for interim relief is dismissed as infructuous.
Justice C.V. Nagarjuna Reddy Date : 23-12-2014 AM