Andhra Pradesh High Court - Amravati
Narra Venkata Krishna Rao, vs The State Of Andhra Pradesh, on 5 July, 2021
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
Date: 05.07.2021
BSS
