D. Hussain vs The State of Telangana

N4ONDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO Between: '1 .

D.

Hussain, S/o Balu, Aged about 32 years, R/o H.No.8-6, Balram Thanda, Edulla Cheruvu Khammam District 2.

L.

Rambabu, S/o L.

Balu, Aged about 34 years, R/o Bijjalavari Thota, Grain Market Road, Khammam District.

3.

D. tr/adhar, Sio Balu, Aged 45 years, R/o Balram Thanda, Edulla Cheruvu, Khammam District.

4.

J.

Ravi Kumar, S/o Shiva, Aged 44 years, Rio H.No.9-80, Kusumanchi, Khammam District.

5. lV.

Sunith, S/o tV.

Srinivasa Rao, Aged 29 years, Rl/o 5-89/9, Sai Prabhath Nagar, Pedda Thanda Village, Khammam District.

6.

T.

Venkateswarlu, S/o Saidulu, Aged 51 years, Fl/o l\/angapuram, Nelakondapalli, Khammam District.

7.

A.

Krishna, S/o Ramakoti, Aged 45 years, Rl/o Basith Nagar, Kamepalli, Khammam District.

B.

G.

Amani, D/o Srinivas, Aged 29 years, Fl/o Gandhi Chowk, Khammam urban, Khammam District.

9. lvl.

Srikanth, S/o Dharma, Aged 44 years, Fl/o Peddathanda, Gandhi Chowk, Khammam Rural, Khammam District. ...PETTTTONER(S) AND 1 2 3 4 The State of Telangana, Rep. by Principal Secretary, Agriculture and cooperative Development, Secretariat Buildings, Hyderabad.

The Commissioner, and Director of Agirculture, Secretariat Buildings, Hyderabad.

The Agriculture lt/arket Committee, Khammam District Rep by its Selection grade Secretary, Khammam, Khammam District, The Director of Agriculture, Ivlarkeling (FAC), Street No.7, Urudu Galli, Himayat Nagar, Hyderabad.

The Assistant Director of marketing, Khammam, Khammam District. .,,RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or writ, more particularly one in the nature of writ of IVlandamus, declaring the action of the respondents in not granting commission agent license to the petitioners vide petitioners applications dt. ations dt.01/09/2018 and 05/09/2018 by orally communication stating lack of availability of space in the open market even though there is open space available in the open market and similarly situated persons are granted commission agent license in the open market by ignoring our applications in the Khammam Agriculture market yard as being illegal, arbitrary and discriminatory and consequently direct the respondents to forthwith grant commission agent license to the petitioners in the Khammam agriculture market ya rd.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HONOURABLE DT.

JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 1612 OF 2022 lA NO: 1 OF 2022 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to forthwith consider the applicationS of the petitioners afresh for grant of commission agent Iicense in Khammam Market yard basing on the applications dt 0'1 .09.2018 05.09.2018 of the petitioners.

Counsel for the Petitioner(s): SRl.

K RATHANGA PANI REDDY Counsel for the Respondent No Rl, R2, R4 and R5: GP FOR AGRICULTURE Counsel for the Respondent No R3 :Smt.

G NIRAJA REDDY, SC FOR AGRICULTURE MARKET COMMITTEE The Court made the following: ORDER THE HON,BLE DT. ]USTICE SHAMEEM AKTHER o The petitioner herein seeks a wrlt of Mandamus' declaring the action of the respondents in not granting commission agent ricence to the petitioner in Khammam Agricurtural Market yard, in spite of submitting applications' dated 0l'09'2018 and 05'09'2018' as illegal, arbitrary and for a consequential direction to the respondents to forthwith grant commlssion agent licence to the ORDER petitioner.

2.

Heard both sides' Perused the record ' 3.

Learned counsel for the petitioner would submit that though the petitioner submitted two applications in the year 2018' i'e'' applications, dated 01'09'2018 and O5'09'2018' to respondent No. ondent No.3 for grant of commission agent licence' no action has been taken so far on the said applications' After repeated requests' the respondent No 3 orally intimated the petitioner that there was no availability of space to grant licence to the petitioner' The said oral refusal is only to oblige political pressure and to grant llcences in a pick and choose method' Surprisingly' in the year 2021' the respondents have granted licences to nine persons' Granting licences to the persons who made applications in the year 2021 without considering the subject applications made of the petltioner in the year 2018 is illegal' discriminatory and nothing but colourable exercise of powers for extraneous considerations and ultimately prayed to allow the writ petition as prayed for' 2 4.

There is no denial by the respondents with regard to submission of subject applications, dated 01.09.2018 and 05.09.2018 by the petitioner.

Admittedly, no orders have been passed by the respondent No.2 on the said applications.

Much time has elapsed.

By this time, the respondents ought to have disposed of the subject applications submitted by the petitioner, 5.

Under these circumstances, the respondent No.3 is directed to examine and dispose of the applications dated 01.09.2018 and 05.09.2018 submitted by the petitioner, strictry in accordance with law, within three (3) months from today.

With the above observation/direction, this writ petition js disposed of.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

There shall be no order as to costs. //TRUE COPY// SD/.T.KRISHNA KUMAR ASSISTANTAEGISTRAR t4- SECTION OFFICER To, ,l.ThePrincipalsecretary,stateofTelangana,Agricultureandcooperative Developmbnt, Secretaiiat Buildings, Hyderabad' 2.

The Commissioner, and Director of Agirculture, Secretariat Buildings' Hyderabad.

The Selection grade Secretary, Agriculture Market Committee, Khammam District Khammam, Khammam District 4. istrict 4.

The Director of Agriculture,Marketing (FAC), Street No.7, Urudu Galli, Himayat Nagar, Hyderabad.

5.

The Assistant Director of marketing, Khammam, Khammam District' 6.

One CC to Sri.

K RATHANGA PANI REDDY Advocate [OPUC] T.TwoCCstoGPforAGR|CULTURE,HighCourtfortheStateofTelangana' tourl B.

One CC to Smt.

G NIRAJA REDDY, SC FOR AGRICULTURE MARKET COMMITTEE 9.

Two CD Copies 10.

One Spare Copy "ni/ \ { HIGH COURT DATED:1710112022 ORDER WP.No.1612 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COST <1-' - 24 Jr$I2S22 + .b i'lt_r^r-r_ i*.

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