I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) . THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4269 OF 2025 Between; Dwarakamai Mutually Aided Agro Products Cooperative Marketing Society Ltd, Rep., by Chief Promoter, Gundapalli Radha Kumari, w/o. Rama Krishna Rao, Age. 60 years, D.No. 5-38, venkatapuram, pathapadu post, Vijayawada rural and mandal, NTR District. ...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 4. The Estate officer, Sambamurthy road Raithu Bazar, N T R District Vijayawada, Andhra Pradesh. 5. The District Agri Trade and Marketing officer., Vijayawada, N.T.R.District, Andhra Pradesh. Pradesh. Market Yard, Gollapudi, ...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 direction declaring the high-handed action of the respondents 4 and 5 i or any other appropriate writ order or in interfering with the peaceful possession and enjoyment of shop No. 81 at Rythti Bazaar Sambamurthy road, Vijayawada following the due process of law N.T.R.District without 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 interfere with the peaceful possession and enjoyment of subject property by the petitioner. not to 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 action against our stalls/shops or not to interfere with the peaceful possession and enjoyment of the Stall/Shop No's. 81 Rythu bazaar, Sambamurthy road Vijayawada, NTR District, pending finalization of the any coercive 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 APHC010080952025 IN THE HIGH COURT OF ANDHRA PRADESH Vl ? T--’ - 0? AT AMARAVATI [3330] (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4269/2025 Between: Dwarakamai Mutually Aided Agro Products Cooperative Marketing Society Ltd ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S NAGA SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR AGRICULTURE 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. 81 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 petitioner and 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 proceedings No.ADMA/JA/65/B/2022 dated 25.04.2022, allotted shop No.81 in Rythu bazaar, Sambamurthy road, Vijayawada, to the petitioner. Since, then the petitioner is in peaceful possession and 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. \ Clause (f) of G.O.Ms.No.29 dated 16.02.2012, specifies that the 4. period of allotment shall not exceed three years from the date of issue ! of order by the Joint Collector. The G.O. specifies that the authority has the power or ability, to lease for a period longer than three years. When the G.O. does not specify a minimum period to lease a shop, it can be interpreted as the maximum. In this regard, the learned counsel argues that the power is 5. vested with the Joint Collector, hence, urged this Court to direct to extend the period in pursuant to the aforesaid clause, as the petitioner is continuing in the said shop allotted by the respondents. As the learned counsel has not argued interpreting the clause (f) 6. of G.O.Ms.No.29, this Court is unwilling to explore the legal nuances of clause (f) of G.O.Ms.No.29. Therefore, the present Writ Petition is disposed of, directing the 7. petitioner to make an application for extension of lease, in pursuance of clause (f) of G.O.Ms.No.29 dated 16.02.2012, within a period of one week from the date of receipt of a copy of this order and the Joint Collector is hereby directed to consider the same, in accordance with law and communicate the decision to the petitioner, within a period of two (02) weeks therefrom. Till then, respondents are directed not to 4 take any coercive steps against the petitioner’s shop. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- K. TATA RAO deISW registrar //TRUE COPY// , SECTION OFFICER 1. The 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. 6. One CC to Sri S Naga Srinivasa Rao, Advocate [OPUC] 7. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies To TF HIGH COURT DATED:20/02/2025 ORDER WP.No.4269 of 2025 '§ 10 MAR 2025 \ ^ ■ Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS