THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.256 of 2012 Dated: 19.11.2014 Between:
P. Rudra Rao .. Petitioner and The Government of Andhra Pradesh, Rep. by its Principal Secretary, Agricultural & Cooperation (Marketing-II) Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Smt. K. Sesharajyam 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 a Writ, Order or Direction more fully one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the proceedings No.A1/342/2011 dated 23-12-2011 and closure of the stall No.73 in Swaraj Mydhan Rythu Bazar, Vijayawada, belonging to the petitioner, as illegal, improper, arbitrary, without jurisdiction besides being opposed to principles of natural justice and consequently direct the respondents not to interfere with the business of the petitioner in stall No.73 in Swaraj Mydhan Rythu Bazar, Vijayawada.”
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 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 to the dismissal of the writ petition, interim order dated 04.01.2012 is vacated and W.P.M.P.Nos.334 and 335 of 2012 and W.V.M.P.No.1545 of 2012 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL