IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER, TWO THOUSAND AND TEN WRIT PETITION No.24139 of 2010 Between: C.Nagaraju. … Petitioner And: Government of A.P., reptd., by its District Collector, Chittoor, Chittoor District and others. … Respondents Counsel for the petitioner: Sri T.C.Krishnan. Counsel for the respondents: AGP for Revenue for R.1 to R.3. Smt.Ch.Vedavani for R.4. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to set aside proceedings dated 22-9-2010 of respondent No.1, whereby he directed open auction to be held for the weekly market (Vegetables) of K.G. Satram in Cheekurupally village, Bangarupalem Mandal, Chittoor District, as illegal and arbitrary. I have heard Sri T.C.Krishnan, learned counsel for the petitioner, and Smt.Ch.Vedavani, learned Standing Counsel for respondent No.4. In his affidavit the petitioner has averred that his great grandfather acquired land admeasuring Ac.1.45 cents in Paimaish No.355, correlated to Survey No.70/2, in the year 1923 and that since then the family of the petitioner, in successive generations, has been enjoying the said property jointly. It is the further pleaded case of the petitioner that on a part of the said land, situated on the Northern side of National Highway, the petitioner’s family is running a weekly vegetable market on every Saturday for the last 60 years; that from 1955 respondent No.4-Gram Panchayat has been issuing licences and as recent as 31-3-2010 the petitioner has paid cess to the Gram Panchayat; and that the licence obtained by him is valid till 31-3-2011. By the impugned proceedings respondent No.1 directed holding of open auction for the weekly market to be held in Ac.1.45 cents of land referred to above. The limited relief which the petitioner has sought for in this Writ Petition is that at least till the expiry of the licence period, he and his family members shall be allowed to conduct the weekly vegetable market. This Court by order dated 29-9-2010 while issuing notice to the respondents, permitted the petitioner to conduct weekly market for sale of vegetables only till 31-3-2011 while permitting the respondents to conduct the weekly shandy for cattle as approved by the District Collector. A counter-affidavit has been filed by respondent No.4, wherein it is stated that the licence granted to the great grand-father of the petitioner in the year 1963 was only for a period of one year and that with the amendment of the A.P.Gram Panchayats Act, 1964 and the advent of the A.P.Panchayat Raj Act, 1994, the licence granted in favour of the great grand-father of the petitioner cannot any longer be treated as valid. It is further stated that in order to improve its own resources respondent No.4 has proposed to start a weekly market and conduct shandy over Ac.1.45 cents of land in Survey No.72/3, which is a Government land alienated to Gram Panchayat and was classified as ‘Santha’ and that, accordingly, the District Collector has granted permission vide: his proceedings dated 22-9-2010. It is further averred that after getting approval from the District Collector, the Gram Panchayat has proposed to conduct auction of leasehold rights of collecting fee from the market/shandy for the period from 1-10-2010 to 31-3-2011. It is further stated that while the petitioner has no vested right over any part of the land, he is in physical possession of a maximum of six shop rooms occupying approximately 20 cents, out of Ac.1.40 cents; that the rest of the land is full of bushes and plants; and that the petitioner is not allowing respondent No.4 to construct buildings for the purpose of running shandy (weekly market). A perusal of the proceedings dated 4-5-1963 issued by the Zilla Parishad Office, Chittoor, shows that Sri K.Narayanaswami, who is stated to be great grandfather of the petitioner, was granted licence for conducting private weekly market for one year i.e., 1963-64. However, the petitioner has filed copies of challans for a number of subsequent years to show that every year his family members have been paying licence fees for conducting shandies (weekly markets) and that the latest challan dated 31-3-2010 is for a period of one year, which is expiring only on 31-3-2011. The question whether mere payment of challans constitutes renewal of licence or not need not be adjudicated in this Writ Petition for the reason that not much time is left for completion of even one year period for which the petitioner claims his right to conduct the weekly markets. Moreover, the averment contained in the counter-affidavit that the petitioner is in occupation of only Ac.0.20 cents of land out of Ac.1.40 cents is not controverted. Under the interim order granted by this Court the petitioner is permitted to run weekly market for sale of vegetables only. On these facts of the case, I am of the opinion that while the petitioner can be continued to run the weekly markets for sale of vegetables over Ac.0.20 cents of land, which is stated to be in his occupation where six shops are stated to be in existence, he shall not interfere with the right of respondent No.4 to utilize the balance land out of the total extent of Ac.1.40 cents. On the expiry of the purported licence period i.e., 31-3-2011 the petitioner shall hand over the vacant possession of Ac.0.20 cents, over which he is permitted to run the weekly market till that time. The petitioner shall file an affidavit in this Court undertaking to hand over the vacant possession of this land in a period of two weeks from today. If he fails to file such an affidavit, respondent No.4 is entitled to recover possession on expiry of two weeks by following appropriate procedure in law. If such an affidavit is filed, the Registry shall place the same on record of this case. Subject to the above directions, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:25-11-2010 MNR