G RAMAKOTESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed for a direction declaring the action of the respondents in shifting the Sunday market from the area in front of Mavulamma temple to Wednesday market near the new Bus-stand at Bhimavaram.

(2.) The petitioners are residents of Bhimavaram town. For over a period of 100 years Sunday market is conducted in the open land in front of Mavulamma temple where vegetables and fruits are sold by the Vendors who come from various towns and nearby places. No non-vegetarian stuff is sold in the said market. There is also another market known as Wednesday market near the new Bus-stand. The respondents have decided and notified to shift the Sunday market to the Wednesday market at the new Bus-stand. The petitioners contend that the area near Bus-stand is not conducive for the purpose of conducting market. Further for purpose of shifting the market, the respondents should pass a resolution and obtain sanction from the Government under Section-277(3) of the A.P. Municipalities Act. Since there is neither resolution nor sanction from the government, shifting of the market from Mavulamma temple to new Bus- stand is contrary to the provisions of the A.P. Municipalities Act. It is also contended by the learned Counsel for the petitioners that it will cause lot of Inconvenience to the public as both vegetarian and non-vegetarian food stuffs are sold in the market to be shifted to the new Bus-stand.

(3.) The Counsel for the respondents submitted that there is a resolution passed in C.R. No. 684 authorising shifting of Sunday market from Mavulamma temple to new Bus-stand. The reason for shifting of the market is that when there was no improvement around Mavulamma temple and there is no specific place provided for conducting weekly market in Bhimavaram, the Vendors occupy the road margin and conducted their business. The area around Mavulamma temple is now very much improved and it has become a busy commercial area. The public especially the ladies are feeling inconvinient and much hardship to purchase the articles as the road margins are occupied by the Vendors. The petitioners are collecting contributions from the Vendors in the name of development of temple. As the Vendors have to pay the market fees to the Municipality and contributions to the petitioners they are selling the items i.e. fruits, vegetables etc. at higher rates. The public are facing hardship to purchase the items at higher rates. It is also stated that there is sufficient place available protected by a compound wall by the side of the water supply overhead tank near the new Bus-stand and there is no need to occupy the road margin. In the area near the Bus-stand it would be conducive to conduct weekly market being the Municipal shopping complex in the open site. In view of the above, the respondents contend that mere is justification for shifting of the market from Mavulamma temple area to Bus-stand.