Telangana High Court
WP/24606/2004 of Samaikhya Automoblies Workers Union, Vs Revenue Divisional Officer, Rajahmundry, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) Thursday, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24606 of 2004 Between: Samaikhya Automoblies Workers Union, Rajahmundry, Rep by its
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
Thursday, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 24606 of 2004
Between:
Samaikhya Automoblies Workers Union, Rajahmundry, Rep by its President, Yalla Venkateswara Rao, S/o. Suryarao (late), Hindu, aged 50 years, R/o. Ramachandraraopeta, Rajamundry, East Godavari District.
..... PETITIONER
AND
1 Revenue Divisional Officer, Rajahmundry, East Godavari District.
2 Municipal Corporation of Rajahmundry, rep by its Commissioner, Rajahmundry,East Godavari DistrictEast Godavari District 3 Deputy Superintendent of Police, Rajamundry, East Godavari District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaringthe proposed action of the respondents in trying to dispossess the members of thepetitioner union from their respective premises where they are carrying on theirrespective profession, without providing alternative sites as promised by therespondents, as illegal, arbitrary and violative of principles of natural justice and fora consequential order directing the respondents of the petitioner Union from theirrespective premises till the alternative sites are provided along with amenities.
Counsel for the Petitioner: MR.CH.DHANAMJAYA
Counsel for the Respondent No1.: GP FOR REVENUE
Counsel for Respondent No.2 : S.Rajeswara Reddy, SC
Counsel for Respondent No.3 : G.P.for Home.
The Court made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.24606 OF 2004
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ORDER:
Heard both sides and with their consent, the writ petition is disposed of at the stageof admission.
Petitioner union is a registered society consisting more than 212 members, who aremechanics, painters, welders, electricians etc. The members of the petitioner unionare running automobile workshopsin the premises taken on lease for more than 20years and are regularly paying rents and paying taxes to the second respondent-Corporation. The grievance of the petitioner is that the respondents are insisting themembers of petitioner union to vacate their automobile workshops and shift them toproposed Autonagar at the outskirts of Rajamundry. It is submitted that the petitionerunion has submitted a representation dated 3.11.2004 to the Mandal RevenueOfficer stating that they are also willing to shift their automobile workshops to theproposed Autonagar, if they are provided some alternative site.
On instructions, the learned Government Pleader submitted that all the unions ofautomobile workers have agreed for shifting their workshops to the proposedAutonagar. It is also submitted by the learned Government Pleader that the firstrespondent-Revenue Divisional Officer has called a meeting of all the unions ofautomobile workers on 3.1.2005 with regard to allotment of sites at the proposedAutonagar.
In that view of the matter, I deem it appropriate to dispose of the writ petition directingthe petitioner union to attend the proposed meeting called by the RevenueDivisional Officer on 3.1.2005. The first respondent-Revenue Divisional Officer shallconsider the representation of the petitioner union and take appropriate decision inaccordance with law. Till 03.1.2005, the petitioner shall not be evicted.
The writ petition is disposed of with the above observation. No costs.
30.12.2004.
mdaa/ksr.
Copy to:
1 Revenue Divisional Officer, Rajahmundry, East Godavari District.
2 Municipal Corporation of Rajahmundry, rep by its Commissioner, Rajahmundry,East Godavari DistrictEast Godavari District 3 Deputy Superintendent of Police, Rajamundry, East Godavari District.
4. Two C.Cs to G.P.for Revenue, High Court of A.P., Hyderabad (OUT)
5. Two C.Cs to G.P.for Home, High Court of A.P., Hyderabad (OUT)
6. Two C.D copies.