Telangana High Court
WP/22960/2004 of M.A. Samee, Vs The Commissioner Municipal Counsel, on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.22960 of 2004 Between: 1 M.A. Samee, S/o. M.A. Khaleel, Bhainsa, bhainsa Mandal, Adilabad
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.22960 of 2004
Between:
1 M.A. Samee, S/o. M.A. Khaleel,
Bhainsa, bhainsa Mandal, Adilabad District.
2 S.K. Mobin, S/o. s.KI. Mujahid,
Bhainsa, bhainsa Mandal, Adilabad District.
3 M.A. Nayeem, S/o. Khaleel,
Bhainsa, bhainsa Mandal, Adilabad District.
4 M.A. Basheer, S/o. M.a. Mahaboob Sab,
Bhainsa, bhainsa Mandal, Adilabad District.
5 M.A. Saleem, S/o. M.A. Mahaboob Sab,
Bhainsa, bhainsa Mandal, Adilabad District.
6 M.A. Khallem, S/o. M.A. Khallel,
Bhainsa, bhainsa Mandal, Adilabad District.
7 M.A. Waheed, S/o. M.A. Mahaboob,
Bhainsa, bhainsa Mandal, Adilabad District.
8 Shaik Nayeem, S/o. Shaik Ahmed,
Bhainsa, bhainsa Mandal, Adilabad District.
9 M.A. Mujeeb, S/o. M.A. Babu,
Bhainsa, bhainsa Mandal, Adilabad District.
AND
..... PETITIONERS
1 The Commissioner, Municipal Counsel, Bhainsa Adilabad District.
2 The Chairman, Municipal Council, Bhainsa, Adilabad District. Adilabad District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in proposing to evict thepetitioners from their Mulgies located in the Vegetable Market, Bhainsa, AdilabadDistrict without following due process of law and without issuing any notice ofeviction as highly illegal, arbitrary, discriminatory, violative of principles of naturaljustice and also in violation of Article 19 (1) (G) of the Constitution of Indiaconsequently direct the respondents not to evict the petitioners from their Mulgieslocated in the Vegetable Market, Bhainsa, Adilabad District.
Counsel for the Petitioners: MR.D.RAMESHCounsel for the Respondents: MR.POLISETTI RADHAKRISHNA
The Court, at the admission stage, made the following:
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ORDER:
The writ petition is filed seeking a Mandamus to declare the action of therespondents in proposing to evict the petitioners from their Mulgies located in theVegetable Market, Bhainsa, Adilabad District without following due process of lawand without issuing any notice of eviction as illegal and arbitrary.
The petitioners claim to be small vegetable vendors and doing vegetable businessin Bhainsa Municipal Market for the last 30 years by paying Thai Bazar fee (MarketCess). The grievance of the petitioners is that on the instructions of the 2[nd]respondent-Chairman, the 1[st] respondent-Commissioner without issuing any noticeand without following the due process of law came to the market premises alongwith his staff on 01.12.2004 and orally directed them to evict the premises.
A counter affidavit is filed by the respondents-Municipality stating that because ofunhygienic atmosphere prevailing in the market area to provide basic amenities tothe vendors and purchasers it was proposed to construct pucca vegetable stalls withthe Government aid and after completion of said construction of stalls, the cases ofthe petitioners would be considered for allotment of shops. It is also stated that thepetitioners also agreed to vacate the premises to enable the Bhainsa Municipality toconstruct vegetable market.
Heard the learned counsel for petitioners and learned Standing Counsel forrespondents-Municipality.
Having regard to the fact that owing to the unhygienic atmosphere prevailing in themarket area, the respondents-Municipality is making construction of puccavegetable stalls to provide basic amenities to the vendors and purchasers and alsohaving regard to the fact that the respondents had agreed for considering the casesof the petitioners for allotment of shops, I deem it appropriate to dispose of the writpetition with a direction to the petitioners to vacate the premises in question withintwo weeks from today to enable the respondents-Municipality to construct puccavegetable market and after construction of the said market the respondents-Municipality shall consider the cases of the petitioners for allotment of shops thereinon priority basis.
With the above directions, the writ petition is disposed of at the admission stage. Nocosts.
________________
(N.V. RAMANA, J)
Date: 28.12.2004
Nsr/Tvk
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The Commissioner, Municipal Counsel, Bhainsa Adilabad District.
2 The Chairman, Municipal Council, Bhainsa, Adilabad District.
3 Two CD copies.