MOHAMMED SAMI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioners are seeking a Writ of Mandamus declaring the action of the respondents in not taking action as per the letter vide Lr.No.AMC/GUD/2016-17 dt.1/9/2018 issued following G.O.Ms.No.12/1/2011 as illegal, arbitrary, unreasonable and unconstitutional and consequently to direct the respondents to allot the open spaces in Block Nos.1 to 5 in the Gudimalkapur Flower Market to the petitioners and to pass such other order or orders.

(2.) Brief facts leading to the filing of the present Writ Petition are that the petitioners are eking out their livelihood by making and selling garlands and they were members of Jambagh Poola Dandalu and Material Association in Jambagh market. In the year 2011, new flower market was established in Gudimalkapur and the flower trade was shifted from Jambagh market to Gudimalkapur market. The Government allotted the shops to the garland service providers. As per G.O.Ms.No.6, Agriculture and Cooperation (AM.II) Department, dt.12/1/2011, the Government had allotted 119 shops to commission agents, 78 shops to vendors and 125 shops to garland service providers. The petitioners claim that they have been allotted open spaces in Block Nos.1 to 5 in the sketch map. However, no allotment letters were issued in favour of the petitioners. It is claimed that the petitioners have submitted several representations to the respondents to allot the open spaces to them as per letter Lr.No.AMC/GUD/2016-17 dt.1/9/2018. However, without regularizing the allotted open spaces to the petitioners, the respondents made efforts to evict the petitioners from the allotted open spaces. Therefore, the petitioners approached this Court by filing W.P.No.20208 of 2023 and this Court, vide orders dt.28/7/2023, was pleased to direct the respondents not to interfere with the possession of the petitioners. It is submitted that while matters stood thus, the respondents demolished the structures of the petitioners and C.C.No.357 of 2023 was filed against such action before this Court and the same is pending consideration by this Court. It is submitted that on 17/9/2024, the respondents did not allow the petitioners to carry out their business and threatened them to vacate the place through police officials and therefore, the petitioners have approached this Court and filed W.P.No.28253 of 2024 and this Court, vide interim orders dt.4/10/2024, directed the police officials not to interfere in the civil disputes between the petitioners and the respondents. Challenging the action of the respondents in not considering the representations of the petitioners to allot open spaces in Gudimalkapur Flower Market to the petitioners where the petitioners are in prolonged possession and are eking out their livelihood by carrying out flower business, as illegal and arbitrary, the present Writ Petition is filed.

(3.) Learned counsel for the petitioners, while reiterating the above submissions, has drawn the attention of this Court to various photographs filed along with the Writ Petition from pages 50 to 61 to demonstrate that the petitioners are in possession of the shops which have been erected in the front side of the market.