Mohd. Tajuddin vs The State Of Telangana
2021 Latest Caselaw 4269 Tel

                                     1



  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                            &
        HION'BLE SRI JUSTICE A.RAJASHEKER REDDY


WA Nos.455 & 470 of 2021, CC No.1317 of 2021, WP Nos.22754; 23784;
                      26192 & 26441 of 2021


COMMON JUDGMENT:: (per Hon'ble Sri Justice A. Rajasheker Reddy, J)


      WA Nos.455 & 470 of 2021 arise out of the common order

dated 01-09-2021 passed in WP Nos.18801 & 15196 of 2021

whereby and whereunder the learned single Judge dismissed the

said writ petitions, the former one filed to declare GO Rt.No.397,

Agriculture and Co-operation (MKTG.II) Department, dated 03-08-

2021 which permitted the Director of Agricultural Marketing,

Hyderabad to handover the Fruit Market land at Gaddiannaram to

Health,   Medical    and    Family       Welfare   (C)   Department,   for

construction of     Super Speciality Hospital and shift the Fruit

Market to Logistic Park at Batasingaram village; and the latter one

assailing the action of the respondents in contemplating to

demolish the structures at the Fruit Market yard, Gaddiannaram,

as being illegal and arbitrary and infringement of their right to

trade. While dismissing the writ petitions, the learned single Judge,

granted one month's time to shift from the existing Fruit Market at

Gaddidarrnam to Batsingaram and the Government was also

directed to provide assistance to the traders in shifting their

business.

02. The writ appeals filed against the said dismissal order came

up for hearing on 01-10-2021 and this Court having heard learned

counsel for the parties, mainly adverting to the contention

canvassed by the learned senior counsel Sri P.Gangaiah Naidu

appearing for the appellants that there are meager or no facilities

provided at the new place of market at Batasingaram for the

traders/agents to shift there to do business, called for in-puts to

know the field position of the make shift place and accordingly

required the Secretary, District Legal Services Authority, Ranga

Reddy District, to inspect with one representative each representing

the Agricultural Market Committee and the State Government and

to submit a report and; in the meanwhile directed the parties to

maintain status-quo obtaining as on the date till 04-10-2021, on

which date the matter was directed to be listed for filing report. As

directed, report of the Secretary, DLS is received. We also had the

convenience to peruse the Reports submitted by the Court

Commissioner as also by the Selection Grade Secretary of the

Agricultural Market Committee on behalf of the officials

respondents.

03. This Court having formed an opinion that the

traders/commission agents should be given time to shift; likewise

the Government would also be requiring time to provide the

required facilities at the make shift place, posted the matter to 18-

10-2021, while permitting the traders/commission agents to do

business from the existing market yard at Gaddiannaram with

option to the traders/commission agents and the concerned

respondent-authorities to shift and to complete the required works

at Batasingaram.

04. Alleging violation of the interim protective orders passed in the

writ appeals by the respondent-authorities and that they have not

allowed them to continue their business in the existing market yard

at Gaddiannaram and locked the premises, the appellants filed

contempt case.

05. The other four writ petitions are tagged with the writ appeals

as they pertain and arise out of the same subject matter.

06. WP Nos.22754 & 23784 of 2021 are filed by the traders and

commission agents also assail the action of the respondent-

authorities in trying to high handedly demolish the constructions in

the Fruit Market and in announcing the decision to close down the

Fruit Market from 25-09-2021 as being illegal and arbitrary and for

issuance of appropriate directions in the interest of justice.

07. WP Nos.26192 & 26441 of 2021 are filed by one Mohd

Tajuddin who is also President of the Wholesale Fruit Commission

Agents Association wherein the circular resolution dated 03-07-

2021 and the consequential ratification of the Agriculture Market

Committees, Gaddiannaram to handover the Fruit Market land to

the Medical and Health Department and also the GO Ms.No.32,

Agriculture and Co-operation (MKT-I) Department, dated 24-09-

2021 notifying Batasingaram as the market area under Section 4

(3) ( c) of the Telangana (Agricultural Produce and Livestock)

Markets Act, 1966, is challenged.

08. Heard the learned counsel for the parties. Perused the reports

submitted in the matter.

09. The appellants and the writ petitioners are reluctant to shift

the Fruit Market at Gaddiannaram to Batasingaram temporarily

and eventually to Koheda permanently on various factors like cost

effectiveness, distance and on looming apprehension as to the

facilities that would be made available at temporary market area at

Batasingaram though they are also happy that a Super Speciality

Hospital is coming up in that place. The Agricultural Market

Committee, Gaddiannaram, unanimously passed resolution in its

meeting held on 03-07-2021, in principle, agreed to hand over the

possession of the Fruit Market area to the Medical and Health

Department for construction of Super Speciality Hospital while

welcoming the decision of the Government to take up such a

project. The said resolution of the Agricultural Market Committee is

also ratified in its General Body meeting held on 23-09-2021. It is

on record and also borne out from the counter affidavits filed in writ

petitions by the Agricultural Market Committee represented by its

Chairman as also the Secretary that the Government, as part of

creating better and additional facilities at the makeshift place at

Batasingaram has sanctioned an amount of Rs.68 lacs. The Fruit

Market at Gaddiannaram is situated in an extent of Ac.22-05 gts

has been established in the year 1986. Earlier in the year 2012, it

was proposed to shift and for that purpose the then composite

State of Andhra Pradesh issued GO Ms.126, dated 16-06-2012 but

it could not fructify, but now the Government has once again

decided to shift the market from there and construct a Super

Speciality Hospital.

10. As per Rule 143 (2) of the Telangana (Agricultural Produce &

Livestock) Market Rules, 1969, the Government vested with the

power in matters relating to acquisition, purchase and disposal of

movable and immovable properties of the Market Committees and

in exercise of that power, the State Government has taken a

decision to construct a Super Speciality Hospital which cannot be

faulted. The legal lacunae pointed out by learned senior counsel

that the market area at Batasingaram village is not notified is cured

by issuance of GO Ms.No.32, Agriculture and Co-operation (MKT-I)

Department, dated 24-09-2021 notifying the said place as such,

under the Section 4 of the Telangana (Agricultural Produce and

Livestock) Markets Act, 1966. The State Government had already

issued GO Ms.No.11, Agriculture and Co-operation (MKT-I)

Department, dated 13-02-2020 notifying the area and its limits

and establishment of permanent market area at Koheda village,

Abudullapurmet mandal, in an extent of Ac.178-09. The extent of

area of the temporary market area at Batasingaram and the market

area proposed to be established at Koheda village are much more

spacious and will cater even to the future needs of the stake

holders.

11. Apart from this, the fact cannot be lost sight that the decision

to construct a Super Speciality Hospital in the market area place at

Gaddiannaram, is a good initiative particularly in this COVID-19

period. During the pandemic period, throughout the country,

dearth of Super Speciality Hospitals particularly, State run

hospitals was felt and we witnessed people died for want of medi-

care facilities. The people who fell prey to Covid experienced

nightmares and the sufferings of those persons are still not erased

from our minds and the threat of the Covid is still looming large on

all of us. It is well settled proposition of law that 'public interest'

will prevail over 'private interest' on the principle of legal maxim

"salus populi est suprema lex" meaning thereby regard for public

welfare is the highest law. This principle is based on the implied

agreement of every member of society that his own individual

welfare shall in cases of necessity yield to that of community. In

compelling times, the private interest would stand subordinate to

public good.

12. In the report submitted by the DLS Secretary it is stated that

the entire market area is divided into 4 pockets i.e. Pocket A, B, C &

D. Pocket A area is in extent of Ac.8-00 and it is an open space

meant for trading of four varieties of fruits i.e. Watermelon,

Muskmelon, Papaya and Mosambi, however the space is to be made

ready for trading of fruits. Pocket B consists of structure with

50000 sq.ft. of constructed area and is meant for trading of all

kinds of fruits. Pocket C area is in an extent of Ac.1-30 guntas in

which tin sheds are being put up and flooring and roofing works

are pending and it is also being made ready for trading purpose.

Pocket D is situated to an extent of 22500 sq.ft with closed sheds in

which the HMDA leased out 5000 sq.ft to M/s.Mahindra Company

and the remaining portion of 17500 sq.ft is handed over to

Agricultural Market Committee wherein works to establish 21 cold

storages for storing the imported fruits is commencing. At all

Pockets A,B,C&D drinking water and bio-toilets facilities are made.

It is also stated that banks i.e. Axis and ICICI Bank and a Canteen

in Logistic Incubation Facility centre are coming up. An extent of

600 sq.ft is also set apart for Primary Health centre in the said

centre.

13. In the report of the Court Commissioner it was observed that

Pocket A consists of open land area about Ac.8-00 without any

structures and trading activity was going on in the open area and it

appears the petitioners' association members expressed hardship to

do trading business in area which is open to sky. Pocket B consists

of 50000 stf structure with entry points for small and big vehicles

and open space is also available for undertaking trading activities.

Pocket C is also an open land available for trading activities,

however, the representatives of the petitioners' association have

raised objections as to the sufficiency of facilities presently

available. In Pocket D land and adjoining land a partition has been

erected between the lands allotted to Mahindra and Mahindra

Company and the land allotted to Agricultural Market Committee

and land in Pocket D is exclusively available for market activities

and space is earmarked for cold storage facilities and intimation

granting permission to shift the cold storages to the place at Pocket

D at Batasingaram had already been issued.

14. The Report submitted by the Selection Grade Secretary is on

the same lines as that of the DLS Secretary and the Court

Commissioner. In respect of the Pocket C land having regard to the

grievances put forth by the stake holders as to stagnation of the

rain water in Pocket C land, to avoid stagnation a trench has been

dug making provision for free flow of rain water. Photographs

depicting the trench dug for free flow of rain water and the tin shed

erected in the open area for trading purpose are filed along the

report. The Photographs filed by the Court Commissioner and the

DLS Secretary also depicts the same thing.

15. The concerns of the appellants and writ petitions in the writ

petitions are assured to be addressed by the respondent-

authorities. Learned Special Government Pleader appearing on

behalf of learned Additional Advocate General undertakes that all

the existing agencies which are now being operated in the market

yard at Gaddiannaram will be provided space in the new market at

Batasingaram as land has been already earmarked and no

inconvenience whatsoever will be caused to any of the stake

holders, including the commission Agents. It is also submitted that

sufficient arrangement is made for storage of perishable fruits by

shifting cold storages and all facilities are made available at the new

place at Batasingaram and in fact the facilities at the new place

would be better than the facilities at the present market place. He

also assured that a medical Doctor would made available for

medical exigencies in the primary health centre at the new place of

market. It is also stated that the civil works at Pocket C area will be

expedited. It is also assured that in Pocket A area, most of the land

is open to sky, concomitant with the requirements of the traders,

sheds as necessary would be erected.

16. In the circumstances, we have no hesitation in holding that

the purpose for which the existing Fruit Market at Gaddiannaram is

being shifted is a larger public purpose and serve better purpose

than for the purpose it is now used.

17. This Court in exercise of its jurisdiction under Article 226 of

the Constitution cannot go into the minute details of the issue and

supervise the developments on day to day basis. This Court is of the

opinion that no right muchless any vested right is infringed calling

for interference by this Court, except on the ground of equity.

Though the notification notify the Batasingaram village as market

area and the circular resolution dated 03-07-2021 and consequent

ratification by the Agricultural Market Committee are challenged,

they being corollary in nature cannot be invalidated.

18. In so far as the contempt case is concerned initially this Court

passed order of status-quo by which date the market was closed

after elapse of the one month time granted by the learned single

Judge and it is only by order 01-10-2021, in modification of the

earlier order, permitted the traders and licensees to continue their

business only till next date of hearing. The order permitting the

agencies to continue to do their business was carried in SLP before

the Hon'ble Supreme Court but nothing is stated as to any orders

passed therein. Since it is stated that on representations being

made by the traders and licensees to the authorities of the Market

Committee, were they allowed to continue their business. For an

interregnum period of two days i.e. the day on which this Court

passed order allowing them to continue their business from the

existing place till they were permitted to do business on

representations being made along a with a copy of the order of this

Court, the authorities seems to have not permitted them on the

ground that earlier the writ petition was dismissed, which is not at

all a plausible ground. When once this Court passed an order to

permit them to do business, the authorities of the Agricultural

Market Committee are bound to obey, unless modified are set aside

by the superior Court. Disobedience of orders of the Court strikes

at the very root of the rule of law on which the judicial system rests.

If orders of the Court are disobeyed with impunity by those who owe

an obligation to society to preserve the rule of law, not only would

individual litigants suffer, but the whole administration of justice

would be brought into disrepute. In this case no counter affidavit is

filed by the 2nd and 4th respondents in the contempt case in-spite of

matter adjourned on couple of times which is nothing short of

willful violation of the orders passed by this Court. As such

respondents 2 and 4 against whom contemptuous allegation are

imposed a fine of Rs.2,000/- and are strictly warned not to repeat

such mistakes henceforth. The contempt case is accordingly

disposed of.

19. In the circumstances, we have no hesitation in holding that

the purpose for which the existing Fruit Market at Gaddiannaram is

being shifted is a larger public purpose and serve better purpose

than for the purpose it is now used. Happiness of the people is the

ultimate aim of a welfare State and a welfare State would not

qualify as one, unless it strives to achieve the same. We hope and

trust the State Government would do all that is necessary to

alleviate conditions for the benefit and smooth conduct of business

by the stake holders at the make shift place at Batasingaram

village and eventually at the permanent market place at Koheda

village, which is in an extent of Ac.178-09, at the earliest possible

time.

20. The writ appeals and the writ petitions stand disposed of by

placing the undertaking given by the learned Special Government

Pleader appearing for the State Government on record. Since full-

fledged facilities are being provided, the members of the Wholesale

Fruit Commission Agents Association and other

Licensees/petitioners in the writ petitions are allowed time for a

period of one month from today during which period they can shift

their business to the market area at Batasingaram with option to

continue their business in the present market place, in any case

not later than one month from today. We hope that the

respondent-authorities will cause to escalate the works at the

market area and complete the works well in advance within the

time now granted including shifting of cold storages, if not already

shifted. It is needless to mention that the facilities should include

arranging for a primary health centre with Medical Doctor and basic

first-aid kits, Drinking water, place for Canteen & Toilets.

21. Before parting with the case, we appreciate and place on

record the services of Sri Kowturu Vinay Kumar, learned senior

counsel in assisting this Court as Court Commissioner.

Miscellaneous applications, if any pending, stand disposed of. There

shall no order as to costs.

________________________________ SATISH CHANDRA SHARMA,CJ

_____________________________ A.RAJASHEKER REDDY,J

DATED: 13 --12--2021 NRG

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA & HION'BLE SRI JUSTICE A.RAJASHEKER REDDY

Pre-delivered judgment in WA Nos.455 & 470 of 2021, CC No.1317 of 2021, WP Nos.22754; 23784;

26192 & 26441 of 2021 Respectfully submitted for Lordship's kind perusal

DATED : -12-2021

NRG