HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38783 of 2014 Date:17.12.2014 Between:
P.Jalandhar Reddy, S/o P.Lakshmi Reddy . Petitioner And:
The Vice Chairman and Managing Director, APSRTC, Hyderabad and three others.
. Respondents Counsel for the Petitioner: Sri S.D.Gowd Counsel for the Respondents: Sri Arvala Rama Rao (Registry shall show the name of Sri Aravala Rama Rao as learned Standing Counsel for the respondents subject to his filing appearance within three days.) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in preventing the petitioner from selling chocolates, biscuits and kerchiefs under the head ‘Fancy Items’ in the stall allotted to him, as illegal and arbitrary.
The petitioner has not pleaded that before approaching this Court, he has made any representation to any of the respondents. If the petitioner holds a license for sale of medical and fancy items, the question whether the above-mentioned three items fall within the expression of ‘Fancy items’ or not needs to be raised before the respondent concerned and if he feels aggrieved by the decision taken by him, he can avail the remedy of judicial review before this Court. Without making any such attempt, the petitioner cannot be permitted to knock at the doors of this Court. Accordingly, while declining to entertain the Writ Petition at this stage, he is left free to approach respondent No.4 by way of a representation. Within two weeks of receipt of such representation, respondent No.4 shall take a decision and communicate the same to the petitioner.
Subject to the above liberty given to the petitioner, the Writ Petition is dismissed.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.48576 of 2014 filed by the petitioner for interim relief is dismissed as infructuous.
17th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY