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2025 DAILYLAW 7769 (AP)

Goodwill Mutually Aided Agro Products Cooperative Marketing Ltd. v. The State of Andhra Pradesh,

WP/4679/2025 · 2025-02-21

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4679 OF 2025 ^ Between: Goodwill Mutually Aided Agro Products Cooperative Marketing Ltd., Rep by Chief Promoter, Tirumalasetty Nageswara Rao, S/o. Durga Rao, Age.50 years, R/o.D.No.14-27, NSC Bose Nagar, Vijayawada, NTR Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep By its Principal Secretary, Agricultural and Marketing Department, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Commissioner and Director, Agricultural and Marketing Department, Guntur District, Andhra Pradesh. 3. The Joint District Collector, N.T.R.District, Vijayawada, Andhra Pradesh: 4. The Estate officer, Sambamurthy road Raithu Bazar, N.T.R.District, Vijayawada, Andhra Pradesh. 5. The District Agri Trade and Marketing officer. Market Yard, Gollapudi, Vijayawada, N.T.R.District, Andhra Pradesh. ...RESPONDENTS ^ Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order direction declaring the high-handed action of the respondents 4 and 5 in interfering with the peaceful possession and enjoyment of shop No 82 at or Rythu Bazaar Sambamurthy road, Vijayawada, N.T.R.District without following the due process of law as illegal, arbitrary and violation of principles of natural justice and contrary to the articles 14, 19, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of subject property by the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to take any coercive action against the petitioner’s stalls/shops or not to interfere with the peaceful possession and enjoyment of the stall/shop No 82 Rythu Bazaar Sambamurthy road, Vijayawada, N.T.R.District, pending finalization of the above writ petition. Counsel for the Petitioner: SRI S NAGA SRINIVASA RAO Counsel for the Respondents: GP FOR AGRICULTURE The Court made the following: ORDER APHC010080982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SfiS [3330] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4679/2025 Between: Goodwill Mutually Aided Agro Products Cooperative Marketing Ltd. ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S NAGA SRINIVASA RAO Counsel for the Respondent{S): 1.GP FOR AGRICULTURE ...RESPONDENT(S) \ V*. 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “...to issue a writ, order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, order or direction declaring the high handed action of the respondents 3 and 4 in interfering with the peaceful possession and enjoyment of shop No.82 at Rythu Bazaar, Sambamurthy road, Vijayawada, N.T.R.District without following the due process of law as illegal, arbitrary and violation of principles of natural justice and contrary to the articles 14, 19, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of subject property by the petitionerand to pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. The grievance of the petitioner is that the 3''^ respondent vide 3. proceedings No.ADMA/JA/65/B/2022 dated 26.04.2022, allotted shop No.82 in Rythu bazaar, Sambamurthy road, Vijayawada, to the petitioner. Since then, the petitioner is in peaceful possession and 5 enjoyment of the said property. Thereafter, the respondent Nos.3 and 4 without following the terms and conditions prescribed in G.O.Ms.No.29 dated 16.02.2012 and without following any procedure highhandedly threatening the petitioner to vacate the shop. Aggrieved by the same, the present writ petition is filed. 3 It 4. Learned Government Pleader for Agriculture and Marketing, which alludes that the furnished proceedings dated 20.02.2025 respondents are not at all interfering in day to day activates of the petitioner and not harassing the petitioner. Even not threaten the petitioner to vacate the the respondents did stall. The petitioner has not submitted any renewal application till merits in this case. today. Hence, there are no 5. Therefore, the present Writ Petition is disposed of, directing the petitioner to make an application for renewal of lease, of one week from the date of respondents is hereby directed to consider the with law and within a period receipt of a copy of this order and the same, in accordance communicate the decision to the petitioner, within a period of two (02) weeks therefrom. There shall be no order as to costs. As a sequel thereto, miscellaneous shall stand closed. petitions pending, if any. Sd /- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, ' £e;artS°enrGSrurDisfrS, 3. The Joint District Collector, N.T.R.District, Vijayawada w”® Estate officer, Sambamurthy Vijayawada, Andhra Pradesh. , Andhra Pradesh, road Raithu Bazar, N.T.R.District, 5. The Distri^ct Agri Trade and Marketing officer Vijayawada, N.T.R.District, Andhra Pradesh. 6. One CC to Sri S Naga Srinivasa Rao Advocate 7. Two CCs to GP for Agriculture, High Court of Andhra 8. Three CD Copies Market Yard, Gollapudi; [OPUC] Pradesh. [OUT] TF ✓ HIGH COURT DATED:21/02/2025 ORDER WP.No.4679 of 2025 I 0 ^ MAR 2025 ^ . Current Section . ^ DISPOSING OF THE W.P., WITHOUT COSTS