High Court for State of TelanganaWP/3882/2015dismissed for default

K.Gurunath Reddy v. The State Of Telangana Rep. By Its Secretary Legal Affairs,

2015-04-15Dilip B. Bhosale,P Naveen Rao7 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (SPECIAL ORIGINAL JURISDICTION) FRIDAY , THE TWENTIETH DAY OF FEBRUARY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HONOURABLE SRI KALYAN JYOTI SENGUPTA, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR W.P .No. 3882 of 2015 Between:- 1.K.Gurunath Reddy S/o. K.Panduranga Reddy, Chairman Agricultural Market Committee, Ibrahimpatnam, Ranga Reddy District. 2.N. Ravinder Reddy S/o. N. Hanumanth Reddy, Chairman, Agricultural Market Committee, Sardar Nagar, Ranga Reddy District 3.N. Manik Reddy S/o. N.Venkat Reddy, Chairman Agricultural Market Committee, Shankarpally, Ranga Reddy District. 4.K. Brahmaiah S/o. Balappa, Chairman, Agricultural Market Committee, Mahabubnagar, Mahabubnagar District 5.K.Narender S/o. K. Narahari, Chairman, Agricultural Market Committee, Shadnagar, Mahabubnagar District.

6.Cheviti Venkanna Yadav S/o. Veeramallu, Chairman, Agricultural Market Committee, Thungaturthi, Headquarter Tirumalgiri, Nalgonda District.

7.V. Brahmaiah S/o. Chinna Narayana, Chairman Agricultural Market Committee, Nelakondapalli, Khammam District.

8.Kotha Aravind Kumar Reddy. S/o. K.Govardhan Reddy, Chairman, Agricultural Market Committee, Devarakadra, Mahabubnagar District. 9.Ammakolla Srinivas Reddy S/o. Gopal Reddy, Chairman Agricultural Market Committee, Narayanpet, Mahabubnagar District. 10.Paidimarri Sathya Babu S/o. Chandraiah, Chairman, Agricultural Market Committee, Kodad, Nalgonda District. 11.Toomula Bhujanga Rao S/o. Someshwar Rao, Chairman Agricultural Market Committee, Suryapet, Nalgonda District. 12.Yasa Laxma Reddy S/o. MaIla Reddy, Chairman Agricultural Market Committee, Mothkur, Nalgonda District 13.Dhanavath Shankar S/o. Lachiram, Chairman Agricultural Market Committee, Alair, Nalgonda District.

14.M.Satyanarayana S/o. Veeranna, Chairman, Agricultural Market Committee, Boath, Adilabad District.

15.B.Chandrasekhar S/o. Nagnath, Chairman Agricultural Market Committee, Kubeer, Adilabad District.

16.G.Tirumal Goud S/o. Narsa Goud, Chairman, Agricultural Market Committee, Ichoda, Adilabad District. 17.Md. Muneer Ahmed S/o. Jamal, Chairman Agricultural Market Committee, Asifabad, Adilabad District.

18.A. Sanjeeva Reddy S/o. Bhooma Reddy, Chairman, Agricultural Market Committee, Adilabad, Adilabad District.

19.M.Vittal S/o. Bhoomanna aged about 54 years, Chairman Agricultural Market Committee, Jainath, Adilabad District. 20.Yeragani Naganna S/o. Papaiah, Chairman Agricultural Market Committee, Huzumagar, Nalgonda District.

21.Tipparthi Suresh Reddy S/o. Narsimha Reddy, Chairman Agricultural Market Committee, Devarakonda, Nalgonda District 22.Sunnam Nagamani W/o. Satyanarayana, Chairman Agricultural Market Committee, Dammapeta, Khammam District.

23.Manda Vinod Kumar S/o. Ellaiah, Chairman Agricultural Market Committee, Enumamula, Warangal District Contd..2...

- 2 - 24.M.Tirupathi Rao S/o. Bheem Rao, Chairman, Agricultural Market Committee, Choppadandi, Karimnagar District 25 Anugu Manohar Reddy S/o. Raji Reddy, Chairman Agricultural Market Committee, Vemulawada, Karimnagar District.

26.Yella Venkat Reddy S/o. Malla Reddy, Chairman Agricultural Market Committee, Manakondoor, Karimnagar District.

27.P. Krishna Reddy S/o. Govind Reddy, Chairman Agricultural Market Committee, Gadwal, Mahabubnagar District ..... Petitioners AND 1.The State of Telangana Rep. by its Secretary Legal Affairs, Legislative Affairs and Justice, Law Department, Telangana Secretariat, Hyderabad 500 022.

2.The State of Telangana Rep. by its Principal Secretary, Agriculture & Cooperation (Marketing.1) Department Telangana Secretariat, Hyderabad - 500 022.

3.The Commissioner& Director of Agricultural Marketing (Telangana), BRKR Bhavan, Tankbund, Hyderabad.

4.The Person In charge & Joint Director of Marketing, Warangal, Warangal District (Agricultural Market Committees of Kodad, Suryapet, Devarakonda, Huzurnagar, Enumamula, Adilabad). 5.The Person In charge & Deputy Director of Marketing, Warangal, Warangal District (Agricultural Market Committees of Thungaturthi Headquarters at Tirumalagiri, Nelakondapalli, Dammapeta, Boath, Asifabad, and Choppadandi) 6.The Person In charge & Deputy Director of Marketing, New Osmangunj, Hyderabad (Agricultural Market Committees of Mahabubnagar, Shadnagar and Gadwal).

7.The Person In charge & Assistant Director of Marketing, Ranga Reddy District

at New Osman Gunj, Hyderabad (Agricultural Market Committees of Ibrahimpatnam, Sardar Nagar and Shankarpally). 8.The Person In charge & Assistant Director of Marketing, Mahabubnagar, Mahabubnagar District (Agricultural Market Committees of Devarakadra, Narayanpet).

9.The Person In charge & Assistant Director of Marketing, Adilabad, Adilabad District (Agricultural Market Committees of Ichoda, Jainath and Kubeer) 10.The Person In charge & Assistant Director of Marketing, Karimnagar, Karimnagar District (Agricultural Market Committees of Vemulawada and Manakondur).

11.The Person In charge & Assistant Director of Marketing, Nalgonda, Nalgonda District (Agricultural Market Committees of Mothkur and Alair) .....Respondents.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of first respondent in issuing Telangana Ordinance No.1 of 2015 dated 13.02.2015 and consequential Memo No.954/MKT.I/2015-1 dated 14.02.2015 of the second respondent as null and void apart from being arbitrary, illegal, violative of Article 14 of Constitution of India and set aside the same. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SMT K. V. RAJASREE, Advocate for the Petitioners and the Govt. Pleader for Law & Legislative Affairs(TG) on behalf of respondent No.1 and the Govt. Pleader for Agriculture(TG) on behalf of respondent Nos.2 & 3 and Sri K. Upender Reddy, Advocate for Respondent Nos. 4 to 11, the Court made the following Contd....3...

- 3 - ORDER :- "Since the Ordinance has been challenged, notice shall be issued to the learned Advocate General of the State of Telangana. On the prayer of the learned special Government Pleader, the matter is adjourned to 27.02.2015.

Status quo, as on today with regard to the functioning of the Market Committee, shall be maintained until further orders." ASSISTANT REGISTRAR //TRUE COPY//

for ASSISTANT REGISTRAR To 1.The Advocate General, State of Telangana, High Court of Judicature At Hyderabad.

(By Special Messenger along with a copy of Petition & Affidavit) 2.The Secretary, Legal Affairs, Legislative Affairs and Justice, Law Department, State of Telangana, Secretariat, Hyderabad 500 022.

3.The Principal Secretary, Agriculture & Cooperation (Marketing.1) Department, State of Telangana, Telangana Secretariat, Hyderabad - 500 022.

3.The Commissioner& Director of Agricultural Marketing (Telangana), BRKR Bhavan, Tankbund, Hyderabad.

4.The Person In Charge & Joint Director of Marketing, Warangal, Warangal District (Agricultural Market Committees of Kodad, Suryapet, Devarakonda, Huzurnagar, Enumamula, Adilabad). 5.The Person In Charge & Deputy Director of Marketing, Warangal, Warangal District (Agricultural Market Committees of Thungaturthi Headquarters at Tirumalagiri, Nelakondapalli, Dammapeta, Boath, Asifabad, and Choppadandi) 6.The Person In Charge & Deputy Director of Marketing, New Osmangunj, Hyderabad (Agricultural Market Committees of Mahabubnagar, Shadnagar and Gadwal).

7.The Person In Charge & Assistant Director of Marketing, Ranga Reddy District at New Osman Gunj, Hyderabad. (Agricultural Market Committees of Ibrahimpatnam, Sardar Nagar and Shankarpally). 8.The Person In charge & Assistant Director of Marketing, Mahabubnagar, Mahabubnagar District (Agricultural Market Committees of Devarakadra, Narayanpet).

11.The Person In charge & Assistant Director of Marketing, Nalgonda, Nalgonda District (Agricultural Market Committees of Mothkur and Alair) 12.Two CCs to the G.P. for Law & Legislative Affairs(TG), High Court at Hyd(OUT) 13.Two CCs to the G.P. for Agriculture(TG), High Court at Hyd(OUT) 14.One CC to Smt K.V. Rajasree, Advocate(OPUC) 15.Two spare copies.

TKK

HIGH COURT HC.J & SK.J DT.20-02-2015.

ORDER

W.P.No. 3882 of 2015 STATUS QUO

DRAFTED BY TKK DT.21-02-2015.

HIGH COURT HC.J & SK.J DT.20-02-2015.

Note :- The matter is adjourned to 27.02.2015.

ORDER

W.P.No. 3882 of 2015

STATUS QUO