HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Satish Chandra Sharma & A. Rajasheker Reddy, JJ.
The Wholesale Fruit Commission Agents Association - Petitioner
Versus
The State of Telangana - Respondent
WA Nos.455 & 470 of 2021, CC No.1317 of 2021, WP Nos.22754; 23784; 26192 & 26441 of 2021
Decided On : 13-12-2021
Telangana (Agricultural Produce and Livestock) Markets Act, 1966 - Section 4 (3) ( c) - Infringement of right to trade - Demolish the structures - Assailing action of respondents in contemplating to demolish the structures at the Fruit Market yard, Gaddiannaram, as being illegal and arbitrary and infringement of their right to trade. While dismissing writ petitions, learned single Judge, granted one month’s time to shift from the existing Fruit Market at Gaddidarrnam to Batsingaram and Government was also directed to provide assistance to traders in shifting their business – Held, The purpose for which existing Fruit Market at Gaddiannaram is being shifted is a larger public purpose and serve better purpose than for purpose it is now used. Happiness of people is the ultimate aim of a welfare State and a welfare State would not qualify as one, unless it strives to achieve same - We hope and trust State Government would do all that is necessary to alleviate conditions for benefit and smooth conduct of business by stake holders at make shift place at Batasingaram village and eventually at permanent market place which is in an extent of Ac.178-09, at earliest possible time – Court hope that respondent-authorities will cause to escalate works at market area and complete works well in advance within time now granted including shifting of cold storages, if not already shifted - It is needless to mention that facilities should include arranging for a primary health centre with Medical Doctor and basic first-aid kits, Drinking water, place for Canteen & Toilets - Writ petitions disposed of.
JUDGMENT :
(A. Rajasheker Reddy, J)
01. WA Nos.455 & 470 of 2021 arise out of the common order dated 01-09-2021 passed in WP Nos.18801 & 15196 of 2021 whereby and whereunder the learned single Judge dismissed the said writ petitions, the former one filed to declare GO Rt.No.397, Agriculture and Co-operation (MKTG.II) Department, dated 03-08-2021 which permitted the Director of Agricultural Marketing, Hyderabad to handover the Fruit Market land at Gaddiannaram to Health, Medical and Family Welfare (C) Department, for construction of Super Speciality Hospital and shift the Fruit Market to Logistic Park at Batasingaram village; and the latter one assailing the action of the respondents in contemplating to demolish the structures at the Fruit Market yard, Gaddiannaram, as being illegal and arbitrary and infringement of their right to trade. While dismissing the writ petitions, the learned single Judge, granted one month’s time to shift from the existing Fruit Market at Gaddidarrnam to Batsingaram and the Government was also directed to provide assistance to the traders in shifting their business.
02. The writ appeals filed against the said dismissal order came up for hearing on 01-10-2021 and this Court having heard learned counsel for the parties, mainly adverting to the contention canvassed by the learned senior counsel Sri P.Gangaiah Naidu appearing for the appellants that there are meager or no facilities provided at the new place of market at Batasingaram for the traders/agents to shift there to do business, called for in-puts to know the field position of the make shift place and accordingly required the Secretary, District Legal Services Authority, Ranga Reddy District, to inspect with one representative each representing the Agricultural Market Committee and the State Government and to submit a report and; in the meanwhile directed the parties to maintain status-quo obtaining as on the date till 04-10-2021, on which date the matter was directed to be listed for filing report. As directed, report of the Secretary, DLS is received. We also had the convenience to peruse the Reports submitted by the Court Commissioner as also by the Selection Grade Secretary of the Agricultural Market Committee on behalf of the officials respondents.
03. This Court having formed an opinion that the traders/commission agents should be given time to shift; likewise the Government would also be requiring time to provide the required facilities at the make shift place, posted the matter to 18-10-2021, while permitting the traders/commission agents to do business from the existing market yard at Gaddiannaram with option to the traders/commission agents and the concerned respondent-authorities to shift and to complete the required works at Batasingaram.
04. Alleging violation of the interim protective orders passed in the writ appeals by the respondent-authorities and that they have not allowed them to continue their business in the existing market yard at Gaddiannaram and locked the premises, the appellants filed contempt case.
05. The other four writ petitions are tagged with the writ appeals as they pertain and arise out of the same subject matter.
06. WP Nos.22754 & 23784 of 2021 are filed by the traders and commission agents also assail the action of the respondent-authorities in trying to high handedly demolish the constructions in the Fruit Market and in announcing the decision to close down the Fruit Market from 25-09-2021 as being illegal and arbitrary and for issuance of appropriate directions in the interest of justice.
07. WP Nos.26192 & 26441 of 2021 are filed by one Mohd Tajuddin who is also President of the Wholesale Fruit Commission Agents Association wherein the circular resolution dated 03-07-2021 and the consequential ratification of the Agriculture Market Committees, Gaddiannaram to handover the Fruit Market land to the Medical and Health Department and also the GO Ms.No.32, Agriculture and Co-operation (MKT-I) Department, dated 2
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