In a writ petition challenging the Telangana Ordinance No.1 of 2015 which terminated Agricultural Market Committee members, the High Court issued a status-quo order maintaining the functioning of the Market Committee until further orders.
Status-quo maintained with regard to the functioning of the Market Committee until further orders.
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.
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
(Special Original Jurisdiction)
THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON’BLE SRI KALYAN JYOTI SENGUPTA, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WP .NO:4304 of 2015
Between:
10 Smt. Acchokatla Rukmini W/o Maruthi.
12 Y.S.Vivekananda S/o Venkatratnam.
13 Annam Satyanarayana S/o Kishan.
..... Petitioners
AND
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus :-
a) Declaring the action of the 1st Respondent in issuing the Telangana Ordinance No.1 of 2015, dated 13-02-2015 where under Chairman, Vice-Chairman and Members of Agricultural Market Committee, Banswada are terminated prematurely by reducing their term from 3 years to one year retrospectively w.e.f. 01-01-2012 by bringing amendment to Section 5 of Telangana (Agricultural Produce and Livestock) Markets Act, 1966 by inserting proviso to Sub-Section 3 of Section 5 of the Act as illegal, arbitrary
unconstitutional as the same is violative of Articles 13,14,15 and 16 of Constitution of India, apart from violation of the Telangana (Agricultural Produce and Livestock) Markets Act, 1966 and the same may be struck down.
b) Declare the consequential orders issued by the Respondent No.2 vide Memo No.954/MKT.1/2015.1 Agriculture and Cooperation (Marketing.I) Department, dated 1402-2015 and the Proceedings No.S-I(G)333/NZB/2014, dated 14-02-2015 issued by the Respondent No.3 as illegal, arbitrary, violative of Article 14 of the Constitution of India, apart from violative of provisions of Telangana (Agricultural Produce & Live Stock ) Markets Act 1966 and set aside the same.
c) Consequently direct the Respondents to reinstate the petitioners into their position which the petitioners held and lost by virtue of the Telangana Ordinance No.1 of 2015, dated 13-2-2015;
W.P.M.P.No.5689 OF 2015
Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to direct the Respondents to reinstate the petitioners into their position which the petitioners held and lost by virtue of the impugned Ordinance No.1 of 2015, dated 14-2-2015 by suspending the consequential orders issued by the Respondent No.2 vide Memo. No. 954/MKT.I/2015.1 Agriculture and Cooperation (Marketing.I) Department, dated 14-2-2015 and the Proceedings No.SI(G)333/NZB/2014, dated 14-2-2015 issued by the Respondent No.3, pending disposal of W.P.No. 4304 of 2015 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI V.RAVI KIRAN RAO Advocate for the Petitioners and of Learned Advocate General for State of Telangana for Respondents, for Respondents, and the Court made the following:
ORDER:
Since the Ordinance has been challenged, notice shall be issued to the learned Advocate General or the State of Telangana.
Status-quo, as on today with regard to the functioning of the Market Committee, shall be maintained until further orders.
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
SRL
HIGH COURT
HCJ & SKJ
DATED: 26.02.2015
ORDER
W.P.NO. 4304 OF 2015
STATUS-QUO
HIGH COURT
Drafted by: SRL Date of Drafting : 02.03.2015
HCJ & SKJ
DATED: 26.02.2015
ORDER
W.P.NO. 4304 OF 2015
STATUS-QUO
Masani Srinivas Reddy and 11 others
The State of Telangana, Rep. by its Secretary to Government, Legal Affairs
The State of Telangana, Rep. by its Principal Secretary to Government, Agriculture & Cooperation
The Commissioner and Director of Agriculture, Government of Telangana
The Person Incharge (Assistant Director of Marketing, Nizamabad)
The Secretary, Agricultural Market Committee, Banswada
Kalyan Jyoti Sengupta
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
