IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26409 of 2007 Between: Ismail Basha S/o. Ibrahim Basha Site-III, Borabonda, Hyderabad. ..... PETITIONER AND 1 Joint Collector, Hyderabad. 2 Estate officer, Rythu Bazar, Yerragadda, Hyderabad. 3 The Assistant Director, Marketing Hyderabad. 4 Durga Matha Youth Welfare Association, Rythu Bazar, Yerragadda, Hyderabad. 5 Bhaghat Singh Youth Welfare Association, Rythu Bazar, Yerragadda, Hyderabad. 6 Vivekananda Youth Welfare Association, Rythu Bazar, Yerragadda, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring that the proceedings No. B/RBZ/HYD/524/2007 dt;.19-11-2007 issued by the Joint Collector, Hyderabad in Modifying the order dt. 21-7-2007 for sale of mixed vegetables instead of potatos for a period of one year is illegal, arbitrary, offending Article 14 and Principles of Natural Justice and Pass such other order(s) Counsel for the Petitioner:MR.M.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26409 of 2007 ORAL ORDER: This writ petition is filed questioning the proceedings dated 19.11.2007, whereby the orders dated 21.7.2007 were modified and petitioner was granted revised permission to sell mixed vegetables instead of potatoes for a period of one year, as illegal. The petitioner was allotted a stall vide proceedings dated 21.7.2007 permitting him to sell potatoes. He alleges that respondents 4 to 6 who were allotted stalls for the year 2004-05 are still continuing their business and submitted a representation dated 23.8.2007 not to allot new stalls for sale of potatoes and based on the said representation the first respondent issued the impugned orders dated 19.11.2007 revising the earlier orders dated 21.7.2007 and permitting him to sell mixed vegetables instead of potatoes. The petitioner alleges that the modification orders are illegal and violative of principles of natural justice. A counter affidavit is filed by the third respondent on behalf of respondents 1 to 3 stating that respondents 4 to 6 are Self Help Groups and existing potato sellers and that they made a representation dated 23.8.2007 not to allot new stalls for potato selling and considering their representation and taking into consideration the overall circumstances, impugned orders revising the permission granted to the petitioner were passed. It is also stated that the right of the petitioner to sell vegetables is not withdrawn and he was merely asked to sell mixed vegetables in lieu of potatoes. During the course of the arguments, learned counsel for petitioner submitted that the petitioner may be permitted to sell the mixed vegetables including potatoes for the period of allotment. Learned Assistant Government Pleader for Cooperation expressed no objection for the same. Having regard to the agreed stand taken by both the counsel, the writ petition is disposed of directing the respondents to permit the petitioner to sell mixed vegetables including potatoes for the period of allotment. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 1.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER 27 THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26409 of 2007 DATE: 1.4.2008