4 . APHC010428942023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 22199 OF 2023 Between: Sri Kanaka Durga Mahila DWACRA Group, Represented by Smt.Pilla Santhi, W/o Durga Rao, Hindu, Aged about 36 years. Vegetable Vendor, R/o Door No. 4-3/1-1878, Brahmam Gari Matam, Chittinagar, Vijayawada. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Agricultural and Co-operation (Marketing-11) Department AP Secretariat, Velgapudi, Amaravati, Guntur District. The Joint Collector, Vijayawada at NTR District. The Assistant Director of Marketing, Gollapudi, Vijayawada. The Estate Officer, Rythu Bazar, Bhavanipuram, Vijayawada. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring that the action of the Respondents in not permitting me to conduct the vegetable vending business without considering my representations to renew the license of the petitioner to sell the vegetables in . 4 Stall No. 17 of Rythu Bazar, Bhavanipuram, Vijayawada is illegal, arbitrary, unjust and violation of the principles of natural justice and contrary to the regulations prescribed by the Government Under Article 14,19 and 21 of the Constitution of India and consequently directing the Respondents not to interfere with the vegetable vending business in Stall No. 17 of Rythu Bazar, Bhavanipuram, Vijayawada and to consider my representations made in person without following due process of law. lA NQ: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directing the 4th Respondent or his staff not to interfere with the day to day business of the petitioner in any manner whatsoever without following the due process of law pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT MADHAVI PUNNA Counsel for the Respondent No. 1:GP FOR COOPERATION Counsel for the Respondent No. 2: GP FOR REVENUE The Court made the following order: % . APHC010428942023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Sixteenth Day of July Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 22199 of 2023 Between: Sri.Kanaka Durga Mahila Dwacra Group ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: I.Madhavi Punna Counsel for the respondents: I.G.P. for Revenue 2.G.P. for Co-operation The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring that the action of the Respondents in not permitting me to conduct the vegetable vending business without considering my representations to W.P.No.22199 of 2023 renew the license of the petitioner to sell the vegetables in Stall No. 17 of Rythu Bazar, Bhavanipuram, Vijayawada is illegal, arbitrary, unjust and violation of the principles of natural justice and contrary to the regulations prescribed by the Government Under Article 14,19 and 21 Constitution of India and consequently directing Respondents not to interfere with the vegetable vending business in Stall No. 17 of Rythu Bazar, Bhavanipuram, Vijayawada and to consider my representations made in person without following due process of law and pass...” 2. The case of the petitioner in brief is that the petitioner is the member of Dwacra Group i.e, Sri.Kanaka Durga Mahila Dwacra group and doing vegetable vending business at Bhavanipuram, Rythu Bazar, Vijayawada since 16.07.2014 on a monthly rent of Rs. 1,950/-, entered initially for a period of 1 year and extended from year to year by enhancing the rent. At the time of filing the petition, the monthly rent is Rs.9,000/-. The petitioner has been regularly paying rent. On 10.07.2023, the petitioner submitted a represention to the respondent No.4 to renew the lease. There was no response. Due to Covid-19, the petitioner suffered economic loss. On 16.08.2023, the respondent No.4 and other staff members directed the petitioner to immediately vacate the This writ petition is filed as the respondents are trying to interfere with the business of the petitioner and dispossess her from the without any notice or intimation and without following due process of law, but in coercive manner. The petition was orally resisted by learned Assistant Government Pleader on the ground that the petitioner was allotted the stall for a period of three years valid up to 17.08.2017 as per G.O.Ms.No.29, of the the premises. premises 3. r- 3 W.P.No.22199 of 2023 Agriculture and Co-operation (AM.IV) Department dated 16.02.2012, with a condition that no further renewal can be considered in future and that even after completion of the period, the petitioner failed to vacate the stall and filed O.S.No.808 of 2017 on the file of Court of V Additional Junior Civil Judge, Vijayawada and the suit was dismissed on 20.08.2018, considering the order of the High Court of A.P. in W.A.No.1153 of 2012 and thereafter the petitioner preferred appeal A.S.No.214 of 2018 on the file of the Court of VIII Additional District Judge, Vijayawada, and the appeal was dismissed on 20.01.2021. It is further submitted that as opportunity should be given to other persons / groups as per the policy of the government, the petitioner cannot seek renewal perpetually. It is also submitted that in similar case in W.P.No.16533 of 2010, by order dated 16.02.2012, the writ petition was disposed of directing both parties to scrupulously follow G.O.Ms.No.29 dated 16.02.2012 and in another batch of writ petitions vide W.P.No.24695 of 2021, decided on 06.05.2022, the petitions dismissed in view of G.O.Ms.No.29 dated 16.02.2012. Yet, in another matter in W.A.No.1153 of 2012, by order dated 14.09.2012, the Division Bench confirmed the order of the Single Judge Bench in W.P.No.9616 of 2012 dated 30.07.2012 directing the respondents not to evict the petitioners whose license period was by then still in force and permitting recovery of possession of the stalls of those petitioners whose license period expired by then and further that the respondents shall verify whether any other ryot whose license period was over, but continuing in the stall and take steps immediately to get such person evicted and new ryot be allotted stall. Perused the record and the cases cited. In view of the G.O.Ms.No.29 dated 16.02.2012 and the orders referred above, the petitioner is not entitled to the relief, however she may make an in were 4. 4 W.P.No.22199 of 2023 \ application for fresh allotment of a stall by following due procedure as per the G.O.Ms.No.29, dated 16.02.2012, if she is entitled to. Accordingly, the writ petition is disposed. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous applications, if any, shall stand closed. Sd/- M. SRINIVAS assistant registry kJnofficer //TRUE COPY// To, 1. The Principal Secretary, Agricultural and Co-operation (Marketing-ll) Department, State of Andhra Pradesh, AP Secretariat, Velgapudi, Amaravati, Guntur District. The Joint Collector, Vijayawada at NTR District. The Assistant Director of Marketing, Gollapudi, Vijayawada. The Estate Officer, Rythu Bazar, Bhavanipuram, Vijayawada. One CC to Smt. Madhavi Punna Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CCs to GP for Cooperation High Court of Andhra Pradesh [OUT] Three CD Copies GSC 2. 3. 4. 5. 6. 7. 8. HIGH COURT DATED:16/07/2025 ORDER WP NO. 22199 OF 2023 DISPOSING THE WP WITHOUT COSTS