THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.36108 of 2012 Dated: 19.11.2014 Between:
Swaraj Dwcua Group, A Registered Society, Vijayawada, Rep. by its Secretary Smt. Maremalla Mahalaxmi .. Petitioner and Government of Andhra Pradesh, Rep. by its Secretary, Agricultural and Cooperation (Marketing II) Department, Secretariat, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. Deepak Misra 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, Orders or Directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing the impugned notice No.A1/281/2012 dated 8.11.2012 without following the procedure contemplated under GO Ms No.22 & 29 dt. 21.1.2004 and 16.2.2012 respectively as being arbitrary, illegal and violative of principles of natural justice apart from violation of Articles 21, 19(1) (g) of Constitution of India and consequently set aside the same.”
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 it, to enable it to make representation to the competent authority.
As a sequel to the dismissal of the writ petition, interim order dated 22.11.2012 is vacated and W.P.M.P.No.45892 of 2012 and W.V.M.P.No.2755 of 2013 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL