Andhra Pradesh High Court - Amravati
In All These Writ Petitions The vs Groups/Physical Handicapped ... on 6 May, 2022
HONOURABLE SRI JUSTICE M. GANGA RAO
Writ Petition Nos. 24695, 24099, 24100, 24101, 24104, 24105,
24106, 24259, 24260, 24261, 24262, 24415, 24416, 24418,
24419, 24420, 24421, 24422, 24423, 24424, 24425, 24427,
24428, 24429, 24430, 24431, 24432, 24433, 24434, 24435,
24436, 24437, 24438, 24439, 24440, 24441, 24442, 24443,
24697, 24829, 24844 OF 2021
ORDER:
In all these Writ Petitions the petitioners are DWACRA
Groups/Physical Handicapped persons who are allottees of stalls in
various Rythu Bazars located in and around Visakhapatnam. They
filed these Writ Petitions aggrieved by the notice (show cause) for
vacation of stalls dated 01.09.2021 issued by the 3rd respondent -
Joint Director of Agricultural Market Committee, Visakhapatnam
District and subsequent vacation of the petitioners from the stalls and
issuing notification dated 18.10.2021 by the Joint Collector,
Visakhapatnam calling for fresh applications for allotment of vacant
stalls in the Rythu Bazars as per the guidelines issued in
G.O.Ms.No.29 dated 16.2.2012 and G.O.Ms.No.16 dated 30.4.2015.
As the facts and issues raised in these Writ Petitions are one and the
same, these Writ Petitions are taken up together and disposed of by a
common order.
2. The facts of the case in nutshell are that the petitioners are
DWACRA Groups/Physically Handicapped persons who were allotted
stalls in Rythu Bazars situated in and around Visakhapatnam during
the period 2003-04 on payment of monthly rental basis. Even though
the allotment of stalls is initially for a period of three years, they were
allowed to continue in the stalls on payment of monthly rent varying
from Rs.2,000/- to Rs.3,000/- per month. They were allowed to
continue in the stalls even after expiry of the period of allotment/lease
period of three years on payment of monthly rental to the
respondents. But, the 3rd respondent issued the impugned notice
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styled as show cause notice on 01.09.2021 asking the
petitioners/allottees of stalls in Narasimha Nagar and other subject
Rythu Bazars to vacate the stalls within a period of seven days,
without considering their representation for extension of lease period
for their continuation and issued notification on 18.10.2021 calling
for fresh applications for allotment of the stalls as per the guidelines
issued in G.O.Ms.No.29 dated 16.2.2012. The action of the
respondent is arbitrary and violative of the principles of natural
justice and depriving the livelihood of the petitioners. Aggrieved by
the same, the present Writ Petitions are filed.
3. The 4th respondent filed counter briefly stating that the
petitioners were allotted shops under the category of Self Help Groups
and Physically Handicapped persons to sell vegetables for a period of
three years from the date of allotment of the stalls in the Rythu
Bazars as per the guidelines issued in G.O.Ms.No.22 dated 21.1.2004.
The said guidelines were issued as per the Division Bench judgment
of common High Court of Andhra Pradesh at Hyderabad in
W.P.No.512 of 2003 dated 12.09.2003. The petitioners were entitled
to continue in the stalls for a period of three years on payment of
monthly rentals to the 5th respondent - Estate Officer of Agricultural
Marketing Department, Rythu Bazar, Narasimha Nagar,
Visakhapatnam and various other Rythu Bazars. Subsequently, the
Government issued G.O.Ms.No.29 dated 16.2.2012 providing
comprehensive guidelines with regard to allotment of shops in the
Rythu Bazars. As per the guidelines, the petitioners are not entitled
for any extension or renewal of the allotment/lease beyond three
years period. The guidelines provides that after expiry of the period of
allotment, the allotment shall be cancelled and new allotment should
be made as per the guidelines for giving chance to the new Ryths and
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W.P.No.24695 of 2021 & Batch
DWACRA Groups and Physically Handicapped persons. Hence, the
petitioners overstayed in the stalls even after expiry of the lease period
of three years. They are continuing in the stalls for nearly 14 to 17
years after expiry of the lease period on payment of monthly rentals.
That does not mean that their lease period was extended. One Sri P.
Sampathgiri Prasad approached the Lok Ayukta complaining the
action of the respondent authorities in continuing the allottees
beyond three years period in deviation of the guidelines issued in
G.O.Ms.No.29 dated 16.2.2012. The Commissioner and Director of
Agricultural Marketing Department, Government of Andhra Pradesh,
Guntur in Memo dated 03.04.2021 instructed all the Estate Officers
of Rythu Bazars and Assistant Directors of Marketing to take
appropriate steps to vacate the persons who are running stalls/shops
in Rythu Bazars allotted by virtue of the Government Orders.
Accordingly, notice dated 7.4.2021 was issued to the allottees stating
that they were allotted the stalls in the year 2004 and beyond three
years they are continuing and asked to vacate the shops otherwise,
they will take appropriate action for vacation of the stalls. Thereafter,
on 1.9.2021 the impugned show cause notices were issued asking the
petitioners/allottees to vacate the shops within seven days. On
4.10.2021, some of the petitioners DWACRA/Physically Handicapped
persons and allottees of shops have vacated their shops and
thereafter the impugned notification was issued on 18.10.2021 calling
for fresh applications from the DWACRA Groups, Physically
Handicapped persons for allotment of 134 stalls, 95 shops are
earmarked for DWACRA Groups and 36 stalls for Physically
Handicapped persons and 3 shops for Rice Stalls, duly fixing the time
from 21.10.2021 to 28.10.2021 till 5.00 PM for receiving the
applications and in pursuance of the same, some fresh applicants
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W.P.No.24695 of 2021 & Batch
have been allotted the vacant shops. The petitioners approached this
Court by filing all these Writ Petitions and this Court granted interim
orders on 26.10.2021 and various other dates, while suspending the
notification dated 18.10.2021 directed the respondents to continue
the petitioners in the stalls without any hindrance. Even though the
petitioners have submitted representations for extension or renewal of
their allotments, the same could be done since as per the guidelines
issued in G.O.Ms.No.29 dated 16.2.2012, the petitioners are not
entitled for any renewal/extension of lease period, after completion of
three years period and they have to vacate the shops to enable the
Government to allot the stalls to new persons to sell the vegetables in
the Rythu Bazar.
4. Sri K. Jyothi Prasad, learned counsel appearing for the
petitioners in all the cases and leading the batch would contend that
the petitioners are DWACRA Groups and Physical Handicapped
persons. On being found qualified and eligible, they were allotted
shops in the year 2004 for a period of three years. Even after three
years period, the petitioners were allowed to continue for all these
years on payment of monthly rentals and the impugned notices were
issued asking them to vacate the shops and calling for fresh
applications without giving any opportunity to the petitioners and in
utter violation of the principles of natural justice and without
cancelling their allotment, arbitrarily and contrary to the guidelines
issued in G.O.Ms.No.29 dated 16.2.2012 and G.O.Ms.No.16 dated
30.4.2015, without considering their representations for renewal and
giving sufficient time for vacating the shops in highhanded manner
illegally and arbitrarily.
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W.P.No.24695 of 2021 & Batch
5. Learned Government Pleader for Agriculture vehemently
contended that the petitioners' were allotted stalls for vending
vegetables originally for a period of three years and the same was
expired long back and as per the guidelines issued in G.O.Ms.No.29
dated 16.2.2012, the petitioners are not entitled for any renewal or
extension of the lease period. As per G.O.Ms.No.22 dated 21.1.2004,
there is no provision for extension or renewal of the lease beyond
three years and after expiry of the lease period of the existing allottees
of the stalls, new Ryths, DWACRA Groups and Physically
Handicapped persons would be given opportunity to make
applications for allotment of stalls in the Rythu BAzars to eakout their
livelihood and denied the contentions of the counsel for the petitioner
are unsustainable in the light of the guidelines issued by the
Government.
6. In the facts and circumstances of the case and considering the
submission of the counsel and perusal of the record, this Court found
that the Rythu Bazars were introduced in the year around 2000 to
remove the middlemen in selling the vegetables and to enable the
Ryths to sell their produce directly to consumers and the consumers
would get vegetables for lesser price and thereby both the Ryths as
well as the consumers will be benefited. Rythu Bazars were
established in different locations of the towns and cities. Thereafter,
the Government created various authorities for managing the Rythu
Bazars. Thereafter, rules were framed and as per guidelines issued in
G.O.Ms.No.22 dated 21.1.2004 and subsequent G.O.Ms.No.29 dated
16.2.2012 and G.O.Ms.No.16 dated 30.4.2015, the Joint Collector is
the competent authority to make allotments of stalls on application in
Rythu Bazars to DWACRA Groups and Physically Handicapped
persons for a period of three years. Out of total number of shops in
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W.P.No.24695 of 2021 & Batch
the Rythu Bazars, 3% of the shops are allotted to Physically
Handicapped persons belonging to farming community and 20% of
the shops not beyond 40% are allotted to DWACRA Groups from the
farmers who sell non-growing vegetables in the area in Rythu Bazars.
The rentals will be fixed periodically by the Joint Collector and they
will be issued identity cards to conduct business in Rythu Bazars.
But as per the guidelines, after expiry of the lease period, the stalls
shall be vacated on due cancellation of the allotments and fresh
allotments shall be made. The contention of Sri Jyothi Prasad,
learned counsel appearing for the petitioners that the respondent
authorities highhandedly without giving any opportunity to the
petitioners against the principles of natural justice issued the
impugned eviction notice, without considering their representations
for extension/renewal of the lease period could not be countenanced.
As per the guidelines issued by the Government in G.O.Ms.No.29
dated 16.2.2012 and G.O.Ms.No.16 dated 30.4.2015, there is no
provision for extension or renewal of the lease period. There is force
in the contention of the learned Government Pleader for Agriculture
that after expiry of the lease period of three years, allottees of the
stalls in the Rythu Bazar shall vacate the stalls and make room for
fresh allotment to the other needy DWACRA Groups and Physically
Handicapped persons as per the guidelines issued in G.O.Ms.No.29
dated 16.2.2012. However, fair procedure requires cancellation of the
allotments and consideration of explanation for the show cause
notice, followed by eviction process. In these cases, the petitioners
continued even after expiry of three years period and for longer
periods, even though on payment of monthly rentals. The petitioners'
continuation in the stalls beyond lease period is illegal. The eviction
process was initiated on a complaint made before the Lok Ayukta.
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W.P.No.24695 of 2021 & Batch
The rules issued in G.O.Ms.No.29 dated 16.2.2012 does not permit
the allottees to continue beyond the period of three years.
Accordingly, in pursuance of the orders of the Commissioner and
Director of Agriculture Marketing, notices were issued seeking
eviction of the stalls and some of the stalls were evicted even though
without cancellation of the original allotment granted during the
period 2004-2005. Since the petitioners have been continuing for the
last 17 years contrary to the guidelines issued in G.O.Ms.No.29 due to
laxity on the part of the respondent authorities depriving the
allotment to new Ryths, DWACRA Groups and Physically
Handicapped persons who are in need of allotment of the shops in the
Rythu Bazars to eakout their livelihood, in the interest of justice, this
Court felt it appropriate that no prejudice would be caused to grant
six (6) weeks time to the petitioners to vacate their shops and make
available the vacant shops/stalls to the petitioners for allotment of
stalls to the fresh applicants/needy persons as per the guidelines
issued in Government Orders. Accordingly, the Petitioners are
directed to vacate the shops within six weeks, if not already vacated.
7. In view of the above discussion, this Court found that there are
no merits in the Writ Petitions and are liable to be dismissed.
Accordingly, all the Writ Petitions are dismissed. However, no order
as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed.
___________________
M. GANGA RAO, J
Date: .05.2022
CSR
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W.P.No.24695 of 2021 & Batch
HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION Nos.24695, 24099, 24100, 24101, 24104, 24105,
24106, 24259, 24260, 24261, 24262, 24415, 24416, 24418,
24419, 24420, 24421, 24422, 24423, 24424, 24425, 24427,
24428, 24429, 24430, 24431, 24432, 24433, 24434, 24435,
24436, 24437, 24438, 24439, 24440, 24441, 24442, 24443,
24697, 24829, 24844 OF 2021
DATE: -05-2022
CSR
