THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.34447 of 2012 Dated: 19.11.2014 Between:
C.H. Ram Mohan Rao and others .. Petitioners and The Govt. of Andhra Pradesh, Rep. by its Secretary, Agricultural & Cooperation (Marketing ii), and others.
.. Respondents Counsel for the petitioners: Dr. J. Vijayalakshmi Counsel for the respondents: A.G.P. for Agriculture The court made the following:
ORDER:
This writ petition is filed for the following substantive relief: “…to issue Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus, declaring the Rule 3(f) and (v) of G.O.Ms.No.29, dated 16.02.2012 as illegal, null and void, arbitrary and unconstitutional and pass such order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”
At the hearing, it is not disputed by the learned counsel for both parties that the issue similar to that raised in this writ petition viz., extension of allotment period of a stall in Rythu Bazar beyond three years, was decided by this Court in W.P.No.33549 of 2014, which was dismissed by order 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 Bazars, Hyderabad, and extend the term of the petitioners at his discretion. For a period of two weeks, the petitioners shall not be evicted from the stalls allotted to them, if they are still continuing in the said stalls, to enable them to make representation to the competent authority.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.43803 of 2012 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL