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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI
Omsai Traders – Appellant
Versus
State Of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner challenges administrative actions and seeks shop allotment. (Para 1 , 2 , 3) |
| 2. arguments presented by both petitioner and respondents regarding previous allotments. (Para 4 , 5 , 6) |
| 3. court analyzes the entitlement of the petitioner based on prior court judgments. (Para 7 , 8) |
| 4. court orders allotment of shop to the petitioner with specified terms. (Para 9 , 10) |
ORDER:
T. MADHAVI DEVI, J.
This writ petition is filed seeking a writ of mandamus (1) declaring the action of the respondents in not allotting shop No.17, situated at wholesale market of Bowenpalli, as illegal and arbitrary; (2) declaring the action of the respondents in allotting shops in favour of all the 10 traders out of 11 traders except the petitioner though the petitioner is similarly situated and was doing business while shifting market from Hissamgunj, Monda Market to Bowenpalli Market in 1995 as discriminatory; and consequently (3) to direct the respondents to allot and sell shop No.17, situated at Bowenpalli Market in favour of the petitioner at the cost as fixed in favour of other traders in the year 1995 and to pass such other order or orders in the interest of justice.
2. Brief facts
The court held that equitable treatment in administrative actions is essential, allowing similarly situated individuals the same rights in allocations as previously successful applicants.
The court mandates transparent public auction for government property allotments, emphasizing procedural compliance to prevent arbitrary dispossession.
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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