The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.25454 of 2009 Dated 12th July, 2010 Between: V.Mallikarjuna …Petitioner And Regional Manager, Andhra Pradesh State Road Transport Corporation, Anantapur Region, Anantapur District and 4 others. …Respondents Counsel for the petitioner: Mr.Raju for Mrs.SV.Indira Counsel for the respondents: Smt.WVS.Rajeswari, SC for APSRTC The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare proceedings No.02/122[28]/2009 RM ‘A’, dated 24-08- 2009 and 02-11-2009, issued by respondent No.2 and consequential proceedings No.03/122(6)/08-ATP, dated 07-11-2009, issued by respondent No.5, as illegal and arbitrary. The petitioner was granted license by the respondents to sell Vijaya dairy milk and Vijaya dairy products at shop No.18 of Anantapur bus station. The grievance of the petitioner is that after the license was granted, he was denied permission to sell hot badam milk. The petitioner’s representation made in this regard was rejected by respondent No.1 vide his proceedings, dated 24-08-2009. While rejecting such request, it has been inter alia stated that the petitioner should not sell hot items i.e., hot badam milk etc., in his stall. In support of his contention that he is entitled to sell all the products of Vijaya dairy milk, the petitioner has placed reliance on letter, dated 07-04-2009, addressed by respondent No.1 to the petitioner wherein it is inter alia mentioned as under: “It is to inform that your tender for allotment of Open space 10 x 14 (shop No.18) beside stall No.17 at Anantapur Bus Station to run Vijaya Milk Dairy has been accepted by the Tender Committee. 1…… 2. You should remit SECURITY DEPOSIT amount equivalent to the licence fee amount payable for six months and one month advance licence fee which includes EMD amount already paid, in the office of the Depot Manager, Anantapur, on or before 21-04-009, duly submitting permission letter from the General Manager, Andhra Pradesh Dairy Development Co-operative Federation Ltd., Anantapur, to establish “Vijaya Dairy Parlor” at APSRTC bus station.” The petitioner also relied on proceedings No.44/D/GM/2009, dated 16-04-2009, wherein the General Manager, Incharge of the A.P.Dairy Development Co-operative Federation Limited, Anantapur Milk Shed, Anantapur, granted permission to the petitioner to sell Vijaya dairy milk and Vijaya products. In his letter, dated 02-07-2009, the General Manager of the A.P.Dairy Development Co-operative Federation Limited, permitted the petitioner to sell various Vijaya dairy milk and Vijaya products, which include hot badam milk (prepared by Vijaya milk). At the hearing, Smt.WVS.Rajeswari, learned Standing Counsel for the respondents, submitted that as the petitioner was seeking to sell hot badam milk prepared at his shop by himself, the respondents have refused him the permission to sell the same. In my opinion, while the petitioner is entitled to sell all Vijaya dairy milk products, in the guise of such a right, he cannot prepare badam milk by himself. However, so long as the petitioner sells hot badam milk prepared by Vijaya dairy, the respondents shall not interfere with such activity. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.Nos.33157 & 33158 of 2009, filed by the petitioner for interim relief, are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 12th July, 2010 lur