THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.6500 of 2006 ORDER : The petitioners are meat vendors having their shops in the municipal market. They claim to be the licencees and paying the required licence fee to the respondent-municipality. The said market has become dilapidated. Therefore, the Municipal Council by Resolution No.1155, dated 03-07-2004 resolved to construct a new market at Sanjeevaiah Colony. Subsequently, as the structure of the existing market has become beyond repairs and unsuitable, by Resolution No.35, dated 25-03-2006, it was resolved to demolish the said structure. As a consequence thereof, the petitioners were required to shift their business to the new market. It is at that stage the petitioners have filed this Writ Petition to declare the action of the respondent in seeking to evict them as illegal As per Section 276 of the A.P. Municipalities Act, 1965, all markets which are acquired, constructed, repaired or maintained out of the municipal fund are deemed to be public markets. Under Section 277, the Municipal Council may provide places for use as public markets and levy fee enumerated in Sub-Section (2) thereof. Sub-Section (3) provides that the council may with the sanction of the Government, close any public market or part thereof. From the aforesaid provisions it is evident that the respondent- municipality is competent to establish public markets and also to close them. The power so vested in the respondent-municipality is not in dispute. The only objection raised is that the petitioners are sought to be evicted abruptly without providing sufficient time and without the respondent making the new market functional. According to the petitioners although the council has passed resolution to construct a new market as long back as in 2004, no construction has been made so far. It is therefore pleaded that unless and until construction is made and the market is made functional, there is no justification to evict the petitioners from the existing market. They would, therefore, contend that they should be permitted in the same market till the new market is made available for occupation. It is true that before the petitioners are evicted, they should be put on notice. The counter-affidavit filed by the respondent states that the petitioners were intimated not only personally but also by notifying the shifting of the market in the daily newspapers, dated 14-02-2006; 28- 02-2006 and 18-03-2006. The petitioners have in fact submitted an application dated 14-03-2006 opposing to vacate the premises. Therefore, the petitioners cannot complain that they had no notice. Be that as it may, during the course of argument, the learned standing counsel for the respondent, on instructions, submits that the construction of the new market could not be completed due to some constraints and therefore the petitioners are being continued in the old market. The counsel also would submit that steps are being taken to open the market within a short time. Having regard to the aforesaid circumstances, while upholding the power of the respondent to shift the market, it is directed that the petitioners shall not be evicted from the present market till the new market becomes functional. The petitioners shall continue to pay the prescribed licence fee without any default. The petitioners shall also file an undertaking to vacate the premises as soon as the new market is open. The Writ Petition is accordingly disposed of as above. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 24th February, 2011. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.6500 of 2006 Date : 24-02-2011 Between : Ankari Rajanna and Others .. Petitioners and Mancherial Municipality, rep. by its Commissioner, Mancherial Town, Adilabad District .. Respondent