Dismissed

The Nellore City Fruit Merchants Association v. The State of Andhra Pradesh

Andhra Pradesh HC10 Jan 2024WP/699/2024

Case brief

AI extract

What is this about?

In Writ Petition No.699 of 2024, the Hon'ble High Court disposed of the petition filed by a petitioner seeking mandamus regarding the illegal allotment of shops in Nellore without an auction. The Court directed the respondents to issue advertisements in local newspapers for public/e-auction and allot the shops to the highest bidders.

What did the court decide?

Direction to respondents 4 & 5 to advertise for public/e-auction in vernacular newspapers and allot shops to highest bidders.

The Nellore City Fruit Merchants Association… — Service and Employment | Andhra Pradesh HC (2024)

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THE HONOURABLE SMT JUSTICE V. SUJATHA

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WRIT PETITION NO.699 OF 2024

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution

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of India seeking the following relief:

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“ to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein for not implementing the true spirit and guidelines viz., De-notifying Fruits and Vegetables through vide G. O. Ms. No.58 Agriculture and Cooperative (MKTG II) Department dated 02.07.2019 with letter and spirit in allotting the 5^th respondent 60 Shops as constructed by the Agricultural Market Committee Nellore near A.C. Subba Reddy Fruit Market at Koneru Centre by not duly following the true spirit of allotment by calling tenders or public auction is arbitrary, illegal, unconstitutional and contrary to the true spirit of the said G.O. and consequently direct the respondents herein to follow the guidelines as envisaged in G. O. Ms. No.58 Agriculture and Cooperative (MKTG.II) Department dated 02.07.2019 by allotting the shops by calling tenders/public auction known to the true democratic spirit and till such time not to allot on nomination basis by causing loss to the public exchequer to any third parties…”

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Heard Sri V.Surendra Reddy, learned counsel for the petitioner and learned Government Pleader for Agriculture appearing for the respondents 1 to 3 as well as Sri B.Prakasam, learned Standing Counsel appearing for the respondents 4, 5.

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The grievance of the writ petitioner in this writ petition is

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that the respondents are resorting to allot 60 shops as constructed by the Agricultural Market Committee, Nellore near

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A.C. Subba Reddy Fruit Market at Koneru Centre, without

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following due process and without conducting any public/”e” auction in favour of the highest bidders.

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It is the contention of the learned counsel for the petitioner that the 5^th respondent has initiated steps to allot the above 60 shops without following due procedure as contemplated under the relevant Act and Rules, and without following the guidelines envisaged in G.O.Ms.No.58 Agriculture and Co-operative (MKTG.II) Department dated 02.07.2019.

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Per contra, Sri B.Prakasam, learned Senior Standing Counsel appearing for respondent Nos.4, 5 vehemently contends that the 5^th respondent is intending to allot the above shops by way of conducting public/”e”-auction.

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The learned Government Pleader for Agriculture also contended that they have issued instructions to the respondent Nos.4, 5 to allot the above shops only after conducting public/”e”-auction to the highest bidders.

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Considering the above submissions and having regard to the facts and circumstances of the case, this court deems it appropriate to dispose of the Writ Petition with a direction to the

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respondents 4,5 to give an advertisement in the local news papers in vernacular inviting applications for allotment by public/”e”-auction and also by putting up a notification of the auction in the notice board of the 5^th respondent-Market Committee office, conduct a public/”e” auction and then allot the same to the highest bidders. No order as to costs

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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__________________________ SMT JUSTICE V. SUJATHA

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Date:11.01.2024 Pnr

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THE HONOURABLE SMT JUSTICE V. SUJATHA

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WRIT PETITION NO.699 OF 2024

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Date: 11-01-2024

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Pnr

The Nellore City Fruit Merchants Association v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

The Nellore City Fruit Merchants Association v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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