Justice R. Subhash Reddy dismissed a writ petition challenging the municipality's proposed eviction of vegetable merchants. The petition lacked factual basis, supporting materials, or evidence of valid leases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 11530 of 1998
Dated 23rd April, 2007
Between
Sri Shirdi Saibaba Anantapur New Town Retail Vegetable Merchants Association, rep. By its Vice President N.Venkatesu, Anantapur
…Petitioner
and
The Commissioner, Anantapur Municipality, Anantapur
…Respondent.
THE HONOURABLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No. 11530 OF 1998
ORDER:
A retail vegetable merchants Association , at Anantapur has filed this Writ Petition seeking Writ of Mandamus to declare the action of the respondent in proposing to evict the members of the said association from new vegetable market situated near clock tower, Anantapur without constructing a new market as illegal and arbitrary.
In the affidavit filed in support of the Writ Petition it is stated that the members of the petitioner-association are doing business in vegetables and initially they were doing business near the clock tower- which was converted to vegetable market. It is further stated that the respondent had constructed 52 shops and were given on lease to the members of the petitioner-association for running business. It is the grievance of the petitioner that though such leases are in force, the Chairman of the Municipality has issued a paper statement stating that the members of the petitioner-association will be evicted from the premises and a multi storied complex would be constructed in that place. In the said context, it is alleged that they have already leases and unless prior notices
are issued to them, no steps can be taken to evict them from the occupation of the shops where they are doing business in vegetables.
Though the Writ Petition is of the year 1998, no counter affidavit is filed on behalf of the respondent. But at the same time, it is to be seen, except mere apprehension of the petitioner-association based on the statement given by the Chairman of the respondent-Municipality, there is no basis for filing this Writ Petition and even a copy of such statement is not filed. Further, there is no other supporting material for the apprehension of the petitioner-association. It is further to be noted that even particulars of leases of the members of the petitioner-association are not furnished. In that view of the matter, In absence of any supporting material to form basis for such apprehension and particulars of the leases, I do not find any valid ground for grant of relief as prayed for.
The Writ Petition is devoid of merits and is accordingly dismissed. No order as to costs.
23rd April, 2007. Msnr.
1 issue framed by the court
Whether a Writ of Mandamus should be issued to declare the proposed eviction of vegetable merchants without notice illegal.
Sri Shirdi Saibaba Anantapur New Town Retail Vegetable Merchants Association
The Commissioner, Anantapur Municipality
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
