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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S.BHANUMATHI
Shaik Gayaz Ahamed S/o Late Shaik Dawood Saheb – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India to issue a writ order or direction more particularly one in the nature of a writ of Mandamus declaring the action of respondents, more particularly respondents Nos.4 and 5, in trying to dispossess the petitioners from their allotted shop Nos.16 and 17 situated at Agricultural Market Yard, Gurramkonda and allotting the same to the third parties in spite of subsisting licence in favour of the petitioners and without issuing any notice as illegal, arbitrary and contrary to the provisions of the A.P. Agricultural Produce and Livestock Markets Act 1966 as amended by Act 14/2015 and Market Rules, 1969 and in violation of Article 14, 19(1) (g) and 21 of the Constitution of India and consequently direct the respondents Nos.4 and 5 not to dispossess the petitioners from their allotted shops Nos.16 and 17 situated at agricultural market yard, Gurramkonda, Annamaiah District by allotting their shops to other persons and all actions contemplating to be taken by the respondents in pursuance thereof and to pass such other order which this Court deems fit in the interest of justice.
2. The case of the petitioner i
The court mandates transparent public auction for government property allotments, emphasizing procedural compliance to prevent arbitrary dispossession.
The court held that equitable treatment in administrative actions is essential, allowing similarly situated individuals the same rights in allocations as previously successful applicants.
Allotment of shop in Agricultural Produce Market – To do business in shop and to carry on business on auction platform, are both different and distinct – Merely because a person is having a licence a....
The discretionary allotments made by the CMDA Chairman were invalid; any property transactions based on such allotments are unenforceable, subject to the outcomes of ongoing litigation.
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