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High Court for State of TelanganaWP/14784/2013dismissed

Rayee Veera Vasantha Rao v. The Assistant Commissioner,

2016-10-19A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.14784 of 2013 ORDER:

This writ petition is filed with the following prayer: ".....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in not allotting shops in the 3rd respondent institution on the representation of the petitioners dated 27-04-2013 is illegal and arbitrary and violation of principles of natural justice and consequently direct the respondents to allot shops in the 3rd respondent institution to enable the petitioner to run vegetable business forthwith situated at Aitha Ramaiah Setty Sathram, Singarayakonda Mandalam, Prakasam District."

Learned Standing Counsel for the 3rd respondent submits that the shops in respect of which, the petitioners are seeking permission were already demolished and now the said site is kept vacant and the proposals were sent to the Endowments Commissioner for construction of new shopping complex. In view of the same, the cause in the writ petition does not survive.

Learned counsel for the petitioners submits that representation dated 27-04-2013 of the petitioners can be considered. In the absence of existence any shops, the question of considering the representation of the petitioners does not arise. The petitioners have not shown

what is their legal right for allotment of shops for issuance of mandamus. In view of the same, I do not see any reason to accept the prayer of the petitioners. Accordingly, the writ petition is dismissed.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 19-10-2016 nvl