HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18657 of 2006 DATED: 17.04.2014 Between:
The Country tobacco Merchants Association (Regd.) Rep. by its President, G.Ramarao & others ... Petitioners And Vijayawada Guntur Tenali Mangalagiri Urban Development Authority, Vijayawada, rep. by its Vice Chairman & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.18657 of 2006 ORDER:
Heard the learned counsel for the petitioners. None appears for the respondents.
2. The petitioners are the members of the Country Tobacco Merchants Association, Vijayawada and they are doing business in the premises situated in Ward No.7 (old) and Ward No.39 (New) of Vijayawada Municipal Corporation. The 3rd respondent gave pro- forma of acceptance letter mentioning directions of this Court in WP No.9458 of 2005 and directing them to shift the business. It was further mentioned therein that if an individual is doing retail business, he has to give affidavit containing details of his business along with the details of APGST Number, licence number and the turn over particulars. On receipt of the said pro-forma letter, the members of the petitioner- association met the respondents and informed them that the area in which the petitioners are conducting the business is a commercial area as per the provisions of the Master Plan of Vijayawada and the orders of this Court in WP No.9458 of 2005 have no application to the members of the petitioner-association and requested them to permit the petitioners to conduct business. In spite of the said representation, when the respondents did not heed and threatened to prevent the petitioners from conducting business, the present writ petition was filed. The case of the petitioners is that the order in WP No.9458 of 2005 and batch dated 07.08.2006 is applicable to the Vijayawada wholesale Commercial Complex Members Welfare Society, Mahendra Nagar, Gollapudi and others and they were asked to shift their shops from I Town, Vijayawada to Shri Mahatma Gandhi Commercial Complex, Gollapudi, Vijayawada, pursuant to the notice dated 31.03.2005. The zoning regulations have been made applicable to the Vijayawada Municipal Corporation vide G.O.Ms.No.718 dated 30.11.1993 and the zoning regulations did not classify the area as a light commercial zone where the petitioners are doing business and on the other hand, it was notified as commercial zone. The Municipal Corporation itself constructed a big multi-storied complex known as ‘Vashtralata’ comprising of 350 shops in the area and there is no prohibition from doing business in that area. The shopping complex at Gollapudi was sufficient to the members of the petitioners in WP No.9458 of 2005 and the petitioners herein are not the members of the said society and they are not entitled for any space in the said complex. Further case of the petitioners is that the respondents cannot ask the petitioners to vacate the shops without making sufficient provisions for doing business in the alternative accommodation. The petitioners are all commission agents and paying commission by the owners of the produce on piece rate for the tobacco sold and when there was an apprehension of eviction, the present writ petition was filed, though there was no order asking them to vacate the premises.
3. Even after lapse of eight years, no counter-affidavit is filed by the respondents.
4. In the circumstances, liberty is given to the respondents to issue notice to the petitioners, in case they want to evict the petitioners from the shopping area, in accordance with law and by giving sufficient opportunity to the petitioners to submit their explanation. Till such time, the petitioners shall not be evicted from the shops where they are doing business.
5. The writ petition is accordingly disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 17.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 7 WRIT PETITION No.18657 of 2006 Date: 17.04.2014 BSS