THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38207 of 2012 Dated: 19.11.2014 Between:
Y. Anjaiah .. Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture Department, Hyderabad, and others.
..
Respondents Counsel for the petitioner: Mr. P. Venkata Rao 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 particularly one in the nature of Writ of Mandamus declaring the notice issued by the 2nd respondent vide No.A1/28/2012 dated 8-11-2012 directing the petitioner to vacate the stall in Rythu Bazar at Swarajya Maidan, Vijayawada, within 10 days by cancelling the allotment without following the due process of law and reasonable opportunity as illegal, arbitrary and unconstitutional and consequently direct the respondents not to evict the petitioner pursuant to the 2nd respondent notice vide No.A1/28/2012 dated 8-11- 2012.”
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 12.12.2012 is vacated and W.P.M.P.No.48463 of 2012 and W.V.M.P.No.2991 of 2013 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 19th November, 2014 IBL