HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.19763 of 2019
ORDER:
This writ petition is filed to 'declare the action of the 4th respondent in trying to dispossess the petitioner from the shop allotted by the 2nd respondent on 28.02.2011 in Swamy Theatre Rythu Bazar, Guntur City, Guntur, as illegal and arbitrary'.
Case of the petitioner is that, he was allotted the subject shop on 28.02.2011 to sell vegetables; while so on 27.11.2019, the 4th respondent came to the subject shop and tried to dispossess him without issuing any notice whatsoever; challenging the same, this writ petition is filed.
Learned counsel for the petitioner relies upon the judgment of this Court in WP No.19779 of 2019 dated 23.12.2019.
As seen from the proceedings of the Joint Collector and Co- coordinator of Rythu Bazars, Guntur, pursuant to the request made by the petitioner, premises bearing D.No.3-3-1/A, near Jute Mill, Pattabhipuram Main Bazar, Guntur was temporarily allotted to him for selling the vegetables. It is also stated in the said proceedings that 'permission will not counter any right in future'.
The proceedings itself show that the shop was granted temporarily in the year 2011 and no proceedings have been filed to show that the petitioner was allotted the subject shop by following some procedure, in the said Rythu Bazar. Learned counsel for the petitioner relies upon the judgment of this Hon'ble Court in WP No.19779 of 2019 dated 23.12.2019, wherein in similar facts and circumstances, the said writ petition was disposed of directing the respondents therein to follow due process of law before dispossessing the petitioner therein.
Sri P Vara Prasad, learned Assistant Government Pleader appearing for the 4th respondent, submits that the petitioner has vacated the subject premises on 10.07.2019 and that it was allotted to one Masthan Mahila Podupu Sangam vide proceedings dated 06.11.2019 issued by the Joint Collector and Coordinator of Rythu Bazars, Guntur. He produced the copy of the said proceedings before this Court. As the petitioner has already vacated the subject shop and as the same was allotted to a third party vide proceedings dated 06.11.2019, the cause in the present writ petition does not survive for adjudication. However, the petitioner is at liberty to challenge the said allotment in favour of a third party, if he is so advised.
The writ petition is, accordingly, closed. No order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI,J Date: 05.07.2021 BSS HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.19763 of 2019 52 Date: 05.07.2021 BSS