THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.27644 of 2014 Between: Bangaju Johan, S/o B.Appa Rao Dated:20.11.2014 ….Petitioner And:
The Govt of A.P., reptd by its Principal Secretary, Agriculture and Co-Operation (Marketing.II) Department, Hyderabad and three others.
… Respondents Counsel for the petitioner: Sri Deepak Misra Counsel for the Respondents: A.G.P. for Agriculture (Andhra Pradesh) The court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“to issue a writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.4 and 5 in directing the petitioner to vacate Stall No.60 of Rythu bazaar, Patamata, Vijayawada, without following due process of law and without following the procedure contemplated under G.O.Ms.Nos.22 & 29, dated 21.01.2004 and 16.02.2012, respectively, as illegal and arbitrary, violation of principles of natural justice and consequently, to direct the respondents to continue the petitioner to run Stall No.60 of Rythu Bazar, Patamata, Vijayawada.”
At the hearing, it is not disputed by learned counsel for both the parties that the issue similar to that raised in this Writ Petition, viz., extension of allotment period of stall in Rythu Bazaar beyond three years, was decided by this Court, vide Writ Petition No.33549 of 2014, dated 10.11.2014.
For the same reasons as contained in the aforesaid order, this Writ Petition is dismissed with the direction that the reasons contained therein shall form part of this order. However, this order will not preclude the Joint Collectors in the State to consider Letter No.RBZ/934/2013, dated 29.11.2013, of the Chief Executive Officer, Rythu Bazaars, Hyderabad and extend the term of the petitioner at his discretion. For a period of two weeks, the petitioner shall not be evicted from the stall allotted to him to enable him to make representation to the competent authority.
As a sequel, interim order, dated 17.09.2014, is vacated and WPMP.No.20066 of 2014 is dismissed as infructuous.
C.V. NAGARJUNA REDDY, J
20th November, 2014 DR