Telangana High Court

WP/38311/2012 of Smt . Thathireddy Sowbhagyalakshmi, Vs The Govt. of Andhra Pradesh, on 28 December 2012

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R. SUBHASH REDDY WRIT PETITION No.38311 of 2012 Dated: 28.12.2012 Between: Smt. Thathireddy Sowbhagyalakshmi. …..Petitioner And The Government of Andhra Pradesh, rep. by its Secretary, Agriculture & Co-operation (Marketing II) Department & others. …..Respondents

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HON’BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.38311 of 2012

Dated: 28.12.2012

Between:

Smt. Thathireddy Sowbhagyalakshmi.

And

…..Petitioner

The Government of Andhra Pradesh,rep. by its Secretary, Agriculture & Co-operation (Marketing II) Department & others.

…..Respondents

HON’BLE SRI JUSTICE R. SUBHASH REDDYWRIT PETITION No.38311 of 2012ORDER:

This writ petition is filed, seeking directions by wayof Mandamus, to declare the action of respondent No.3 inissuing the proceedings, dated 08.11.2012, inProceedings No.A1/281/2012, as illegal and arbitrary.

The petitioner was allotted a stall in the Rythu Bazarin Vijayawada. Such allotment of stalls in Rythu Bazars isgoverned by the orders issued by the Government inG.O.Ms.No.29, Agriculture and Co-operation (AM-IV)Department, dated 16.02.2012. When there was somecomplaint about continuation of said shops even after theexpiry of licenced period, this Court, in W.P.No.9616 of2012, directed to take steps for vacating the stalls, whoselicenced period/agreement period is over. Referring to theorders passed in W.P.No.9616 of 2012, the impugnedorder is passed.

It is submitted by the learned counsel for petitionerthat as against the said order in W.P.No.9616 of2012, the matter was carried in appeal by the parties in the writ petition, and a Division Bench of this Court inW.A.No.1153 of 2012, while confirming the orders oflearned Single Judge, issued directions to therespondents to consider the cases of appellants thereinalong with other applicants for fresh allotment of shops, ifthe appellants fulfill the criteria prescribed for suchallotment. She requests to dispose of the writ petition withsimilar observations.

In view of the request made by the learned counselfor petitioner, and further, in view of the orders passed bythe Division Bench in W.A.No.1153 of 2012, I deem itappropriate to dispose of the writ petition with a directionto the respondents that if the petitioner makes anapplication for allotment of stall in the Rythu Bazar inquestion, the same shall be considered along with theapplications filed by the other applicants, provided thepetitioner fulfills the eligibility criteria for such allotment.

Subject to the above direction, the writ petition isdisposed of. No costs.

As a sequel, WPMP.No.48579 of 2012 standsclosed.

__________________________

R. SUBHASH REDDY, J

28[th] December 2012

ajr

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