M.Ashok v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.9449 of 2017 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed to declare the action of the second respondent in not considering the representation, dated 18.10.2016, submitted by the petitioner for restoration/re-allotment of the Sugar Cane Stall at Ryotu Bazar, Eragadda, duly permitting sale of the vegetables during the un-season, in spite of repeated visits to the office of the second respondent, as arbitrary, illegal, and unjust and consequently direct the second respondent to re-allot the stall at Rythu Bazar, Erragadda, Hyderabad.

2.

I have heard the submissions of Sri G.Jaya Reddy, learned counsel for the petitioner, and of learned Government Pleader for Agricultural Marketing Department appearing for respondents 1 to 3 and of learned Standing Counsel appearing for 4th respondentAgricultural Market Committee, Hyderabad. I have perused the material record.

3.

Having regard to the facts and submissions, this court is of the considered view that if the writ petition is disposed of at the stage of admission with appropriate directions, the ends of justice would be met. Learned counsel for both the sides also consented for the said course.

4.

Accordingly, the Writ Petition is disposed of directing the second respondent to consider and pass appropriate orders on the representation, dated 18.10.2016, of the petitioner. Needless to state that if possible and feasible, the 2nd respondent may consider

the request of the petitioner for restoration or re-allotment of the sugar cane stall at Rythu Bazar, Erragadda, on the condition of the petitioner paying all or any part of the arrears, if any, as may be fixed by the 2nd respondent and also any other reasonable conditions, which the second respondent, in his discretion, may impose, while ordering restoration or re-allotment. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

_______________________________________ JUSTICE M. SEETHARAMA MURTI March 17, 2017 LMV

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.9449 of 2017 17th March, 2017