Telangana High Court
A. Sharath, Hyd vs Vegetable Commission Agents ... on 28 July, 2021
Bench: Hima Kohli, B.Vijaysen Reddy
Item No.1
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
C.A.No.12 of 2016
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. In compliance with the order passed on 17.03.2021, an affidavit
has been filed by the present Director of Agricultural Marketing,
Hyderabad on 26.07.2021, stating inter alia that on 26.03.2021
representations had been received from 78 Commission Agents from
the Agricultural Market Committee, Gudimalkapur, which were
disposed of by separate orders passed on 24.04.2021, offering a long
term lease of shops to them for a period of thirty years, in terms of
Government Memo No.10511/AM.II(2)/2013-3 dated 18.10.2013.
2. Mr. P. Gangaiah Naidu, learned Senior Advocate appearing for
the respondent No.1/Association states that as a matter of fact, 85
Commission Agents had submitted their representations, but only 78
Commission Agents have received orders.
3. It is directed that the remaining Commission Agents, whose
names do not feature in the list appended to the affidavit filed by the
present Director of Agricultural Marketing, Hyderabad, shall furnish
another copy of their representations in her office within one week
from today. The said representations shall be considered and
appropriate orders be passed thereon within two weeks thereafter.
4. At this stage, Mr. A. Sanjeev Kumar, learned Special
Government Pleader appearing for the appellant informs the court that
despite calling upon 78 Commission Agents to complete the
formalities for allotment of the shops, none of them have stepped
forward.
5. Learned Senior Advocate appearing for the respondent
No.1/Association states that a long term lease ought to have been
granted in favour of the 78 Commission Agents for a period of 99
years, as had been done in the case of Mahaboob Manison Market,
vide G.O.Ms.No.261 dated 24.10.2009.
6. The said submission is however disputed by learned Special
Government Pleader, who states that the said G.O is no longer
in operation after issuance of Government Memo
No.10511/AM.II(2)/2013-3 dated 18.10.2013 by the Department and
therefore the Commission Agents, members of the respondent
No.1/Association cannot claim parity with the allottees covered by the
earlier G.O.
7. The aforesaid aspect cannot be a subject matter of adjudication
in the present contempt appeal. The scope of the present appeal is
limited to the order dated 25.04.2016, passed by the learned Single
Judge whereunder, a fine of Rs.5,000/- has been imposed on the
appellant, to be deposited with the Telangana State Legal Services
Authority within eight weeks, failing which he has been directed to
undergo simple imprisonment for a period of seven days, for having
failed to comply with the order dated 05.12.2014, passed in
W.P.No.24834 of 2010 filed by the respondent No.1/Association.
8. In view of the stand taken by the appellant that compliances
have been made and appropriate orders have been passed under
written intimation to the aggrieved Commission Agents, we see no
reason to go into the period of the long lease claimed by the
respondent No.1/Association and disputed by the Director of
Agricultural Marketing, as that can only be a subject matter of a fresh
proceedings. If it is the case of the respondent No.1/Association that
the period of long lease ought to be treated as 99 years and not 30
years, they are free to seek appropriate legal recourse against the
orders dated 24.04.2021, passed by the Director, Agricultural
Marketing.
9. The order dated 05.12.2014, passed in W.P.No.24834 of 2010
having been finally complied with, it is deemed appropriate to close
the present appeal subject to the condition that the appellant shall
deposit Rs.5,000/- (Rupees Five Thousand Only) as costs with the
Telangana State Legal Services Authority, within one week from
today. Proof of deposit shall be placed on record.
10. The present appeal is closed along with the pending
applications, if any.
______________________________
HIMA KOHLI, CJ
______________________________
B. VIJAYSEN REDDY, J
28.07.2021
JSU/PLN
