THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 16601 OF 2017

ORDER:

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 leading to the filing of the present writ petition are that the petitioner is a partnership firm which obtained marketing license under Section 7(1) of the Market Act from the erstwhile Agricultural Market Committee, Hyderabad, in the year 1993 when the market was situated at Hissamgunj, Monda Market and the said license was renewed from time to time and was valid upto 31.03.2018. It is stated that in the year

1995, there was a proposal to shift the wholesale transactions in vegetables and grains from (Hissamgunj) Monda Market, Secunderabad, to Bowenpally by constructing shops for the commission agents and accordingly, the wholesale market was established at Bowenpally. The market authorities conducted a survey to assess the demand for such shops amongst the licensed commission agents/traders operating the business in Monda Market and the traders were asked to submit their applications with a security deposit of Rs.5,000/- through crossed Demand Draft drawn in favour of the erstwhile Agricultural Market Committee, Hyderabad, on or before 15.12.1995. The petitioner claims to have submitted the application along with Demand Draft along with several other traders for allotment of shop at Bowenpally market yard, to carry on his business. It is stated that the market committee has received 65 applications, out of which 26 applications were only found as valid and from person who possessed licenses and were carrying on business within the Monda market and 4 applications were of retailers and 11 applications were from persons who operate outside Monda market. The authorities, therefore, decided not to provide any accommodation at Bowenpally, Secunderabad, to retailers and persons having no licenses but placed the request of the 11 traders who are working outside the Monda market before the Director of Marketing for consideration vide Minutes of the Meeting of the market committee held on 06.02.1996. However, the same was rejected on 07.12.1998 and according to the petitioner, no reasons were given for the same. The petitioner is one amongst such 11 traders. It is submitted that the petitioner and other 10 traders filed W.P.No.9259 of 1999 before this Court challenging the orders dated 07.12.1998 and initially, there was an interim direction to the Agricultural Market Committee (AMC), Hyderabad, not to allot 11 mullgies to others pending disposal of the writ petition and finally was dismissed as withdrawn the writ petition on 14.12.1999 since the AMC, Hyderabad, assured accommodation subject to withdrawal of the writ petition. 3. It is submitted that thereafter, the association made a representation on 28.12.1999 to allot shops for the 11 traders and the market committee informed the association that their request would be considered since the writ petition was withdrawn. However, the request of the petitioner in spite of representations dated 22.06.2002, 21.12.2002 and 17.12.2003 were not considered. It is submitted that 7 out of 11 traders, other than the petitioner filed W.P.No.6302 of 2003 on the file of this Court, which was disposed of at the admission stage directing the representation of the