Disposed

Shaik Chan Basha, v. Government of Andhra Pradesh, Rep. by its Secretary

Telangana HC26 Sept 2014WP/29358/2014

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What is this about?

This order disposes of a writ petition regarding eviction from a Rythu Bazar stall. Citing a Division Bench decision, the court directs authorities to proceed with fresh licensing; if the petitioner is selected, he continues, otherwise he must vacate within one week of result communication.

What did the court decide?

Writ petition disposed; respondents directed to proceed with fresh licensing; petitioner to continue if selected, otherwise vacate within one week of result communication.

Shaik Chan Basha, Vs Government of Andhra Pradesh, Rep. by its Secretary — Telangana HC (2014) — LawSathi Research

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HON’BLE SRI JUSTICE A. RAJASHEKER REDDY

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Writ Petition No.29358 of 2014

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ORDER:

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This writ petition is filed for a mandamus declaring the action of the 2^nd respondent in issuing impugned proceedings dated 11-09-2014 directing the petitioner to vacate Stall No.38 of Rythu Bazar, Patamata, Vijayawada, Krishna District as illegal and arbitrary and for a consequential direction to respondents to continue the petitioner in the subject as.

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2. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Government Pleader for Agriculture represented that the subject matter of the present writ petition is squarely covered by the order dated 09-04-2014 in W.P.No.32951 of 2013 passed by this court.

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3. However, both the learned counsel have brought to my notice the order dated 15-05-2013 in W.A.No.663 of 2013 and batch, wherein it is observed that the appellants therein were also permitted to apply for fresh licences and when once the appellants are permitted to apply for grant of fresh licences, their eviction in the meanwhile will give rise to complications, in the event of their being granted licences afresh and opined that till exercise of such grant of fresh licences is undertaken, the appellants can be continued in possession.

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4. In view of the observations made by the Division Bench of this Court in W.A.No.663 of 2013 and batch, the writ petition is disposed of directing the respondents to proceed with for granting fresh licence in respect of the premises in question and in the event of the petitioner being selected for grant of licence, he shall be continued. However, if the petitioner is not granted fresh licence, he shall be under obligation to vacate the premises within

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a period of one week from the date of communication of the result of selected licencee. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

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Let a copy of the order dated 15-05-2013 in W.A.No.663 of 2013 and batch passed by the Division Bench of this Court be annexed to this writ petition.

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_____________________________ A. RAJASHEKER REDDY, J

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Date: 26-09-2014 Note: CC tomorrow (B/o) dv

Shaik Chan Basha, v. Government of Andhra Pradesh, Rep. by its Secretary

Case brief

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Shaik Chan Basha, v. Government of Andhra Pradesh, Rep. by its Secretary

Case brief

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