BAIRAJ CH Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) This writ petition is filed by the petitioner questioning the allotment of shop No. 1 of 'B' block at daily vegetable market at Kamareddy by the Municipality, in favour of the fourth respondent, by its resolution No. 1/2, dated 31-5-1999.

(2.) The case of the petitioner is that he has erected a wooden bunk at the municipal vegetable market, Kamareddy, and was doing business along with 72 other persons similarly situated. It appears that all these 72 bunk owners are evicted/ displaced for the purpose of constructing municipal shopping complex. The municipality passed the following resolution No. 2/74 (II) dated 28-9-1991 before shifting the 72 bunk owners:

(3.) After that, the municipality constructed shopping complex, consisting of 82 shops, in five rows calling them as 'A' Block to 'E' Block, under IDSMT Scheme, Prior to construction of the present shopping complex, the petitioner used to have his wooden bunk in 'B' Block first shop and the 4th respondent used to do business in 'B' Block second shop, According to the petitioner, he stands first in the B-Block and fourth respondent stands second in B block, and the municipality allotted the shops as per the physica existence of the wooden bunks to the vegetable vendors. Earlier, the petitioners and others filed Writ Petition No. 5054 of 1995 seeking allotment of shops. By order dated 21-11-1996, while disposing of the writ petition, this Court directed the respondents-therein to consider the case of the petitioners therein for allotment of newly constructed shops and stalls in the vegetable area market in terms of G.OMs.No. 120, Municipal Administration Department, dated 9-3-1995 and as per the Resolution No. 2/74 (II) dated 28-9-1991 of Kamareddy Municipal Council. By proceedings Roc.No.A/31/91, dated 2-4-1997 allotment of shops was made by the municipality, in favour of the previous bunk owners, including R-4 herein (shop No. B-3), as per the list. The 4th respondent did not occupy the said shop No. B-3 on the ground that he filed Writ Petition No. 7321 of 1997. The 4th respondent filed the above said W.P.No. 7321 of 1997 seeking a Writ of Mandamus declaring the proceeding, Roc.No. A-1/31/91 dated 2-4-1997, issued by the respondents therein as illegal and contrary to the judgment dated 21-11-1996 in Writ Petition No. 1016 of 1995 and to direct the respondents to act according to the above said judgment. On 25-4-1997 this Court directed stay of all further proceedings including allotment of shop No. B-1. Subsequently, R-4 withdrew that Writ Petition No. 7321 of 1997 on 11-6-1998 on the ground that he filed civil suit. The fourth respondent filed O.S.No. 46 of 1997 in the District Munsif Court, Kamareddy, (which was transferred to the Mobile Court, Kamareddy and re-numbered as O.S.No. 28 of 1999), for perpetual injunction restraining the municipality from interfering or dispossessing him from the wooden bunk existing in front of Mulgi No. 1 of B-block situate at daily vegetable market, Kamareddy as long as his leasehold rights are in existence and also for a direction to the municipality to allot mulgi No. 1 of B-block as per the order of this Court in Writ Petition No. 1016 of 1995 and G.O.Ms.No. 120, Municipal Administration Department, dated 9-3-1995. Later, R-4 withdrew the said suit on 14-7-1999 reserving liberty to file a fresh suit. Questioning the allotment of shop to R-4 by resolution No. 1/2, dated 31-5-1999 and the consequential proceedings of the Municipal Commissioner Roc. 1286/99, dated 21-7-1999, the petitioner filed this writ petition.