The High Court · 2025
Case Details
Acts & Sections
Counsel for the Appellant: SRI C. DAMODAR REDDY SR. COUNSEL REPRESENT]NG FOR SRI. C RUTHWIK REDDY Counsel for the Respondent No.1: SRI K JAGADEESHWARA RAO Counsel for the Respondent NOs.2 to 4: Ms. B. MOHANA REDDY GP FOR AGRICULTURE Counsel for the Respondent NO.5: SRI N. UMA SHANKAR SC FOR AMC Counsel forthe Respondent NO.6: -- The Court made the following: JUDGMENT THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENUKA YARA WRIT APPEAL No.374 of 2o25 JUDGMENT (Per Hon'ble Smt. Justice Renuka yara) Heard Sri C. Damodar Reddy, learned Senior Counsel appearing for Sri C. Ruthwik Reddy, learned counsel for the appellant, Sri K. Jagadeeshwara Rao, learned counsel for respondent No.1, Ms. B. Mohana Reddy, learned Government pleader for Agriculture appearing for respondent No.2 and Sri N. Uma Shankar, Iearned Standing Counsel for respondent No.5. perused the record.
2. This appeal is filed challenging the order d,ated, 1g.O2.2O25 passed by a learned Single Judge in W.p.No.353 1l of 2024, whereby the appointment of appellant/respondent No.5 as Vice_Chairman of Alair Agriculture Market committee is set aside as he is not a resident of any of the .villages falling under the Arair Agriculture Market Committee.
3. The learned Senior Counsel appearing for appellant/respondent No.5 argued that the appellant belongs to Motatondur Village of Motakondur Mandal which falls under the Alair Agriculture Market Committee and therefore, the order passed by the learned Single Judge is erroneous. 2 V A.No.374 of 2025
4. The learnect counsel for respondent No l/writ petitilner argued that the appellant belongs to Katepaily Village of Motakortdur Mandal which fal1s unclt:r the Agriculture Market Commiltee of l\{othkur and therefore, the irnpugned order passed by the learned Singk: Judge is to bc confirmecl.
5. The learnt:tl Government Pleader for Agriculture for respondent No.2 would submit that the appellant belongs to Katepally Village of Motakondur M:rndal which falls under the Mothkur Agriculture Market commirl.ee and does not fall under the Motakondur. village of Motakondur lVl:rndal of A1air Agriculture Market Conrmittee and therefore, the appellant is not entitled to be appointed as Vice- Chairman of Alair Agriculture Market Committee'
6. By u'ay of reply, the learned counsel for the appellant has referred ro the Declaration Certihcate at Page No.47 of the mat3rial papers' which was fibd by respondent No' l/writ petitioner' The said CertificatervasissuedbytheNaibTahsildar,MotakonJurMandal, yadadri Bhongir District showing that the appellant is il resident of Katepally Village of Motakondur Mandal. Further, reference is also made to the [reclaration Certificate at Page No' 55 isr;ued by the Tahsildar, Motakondur Mandal, Yadadri Bhongir District showing the residence of tLLe appellant at Motakondur Village of Motakondur Mandal 3 WANo.374 of 2025
7. Upon perusing both certificates issued by the Naib Tahsildar and the Tahsildar of Motakondur Mandal, yadadri Bhongirnistrict, we are of the considered opinion that said certificates showing different residences of the appellant are not considered by the learned Single Judge and therefore no reason is given for coming to a conclusion that the appellant is not a resident of villages faling under Alair Agriculture Market Committee. As such, we deem it necessary to remand the matter back to the learned Single Judge for deciding on the certificates produced at Page Nos.47 and.S5 by the rival parties showing the residence of appellant at different villages i.e., Katepally and Motakondur, falling under different Agriculture Market committees.
8. Accordingly, the Writ Appeal is disposed of setting aside the impugned order dated 1g.O2.2O25 in W.p.No.3S311 of 2024 and the matter is remitted back to the learned Single Judge to consider the aforesaid certihcates and decide afresh. Asase quel, Miscellaneous Petitions, pending if any, stand disposed of. SD/. T. KRISHNA KUMAR JolNrvR^R / To, //TRUE COPYII SECTION OFFICER The APC and Secretarv. Agriculture and Cooperation Marketing_|, Dept Dr.B.R.AmbedkarSecrbiariateuitaings,s-all'b"a j.,'Iyderauao. The Director of Aoricutture Marketing (FA C), Nampally Station Road, Hyderabad. J The District Collector and Magistrate,. (Agriculture, Co_operation and Marketing) Yadadri Bhuvanaglri District. -
4. The Sec . District. retary, Agriculture Marketing Committee, Alair, yadadri Bhuvanagiri
5. The Section off,cer, writ DB Section, High court for the State c,f Telangana at Hyderabad.
6. The Section officer, Posting section, High court for the State of Telangana at Hyderabad. T.TheSectionofficer,NoN-SERVICE,HighCourtfortheStatecfTelanganaat Hyderabad. B. One CC to SRl. C RUTHWIK REDDY Advocate [OPUC] 9. One CC to SRI Nl. UMA SHANKAR SC FOR AMC [OPUC] 10.One CC to SRl. K JAGADEESHWARA RAO Advocate IOPUCT 11.Two CCs to GP for AGRICULTURE, High court for the State of Telangana at Hyderabad. [OtJ'I]
12.fwo CD CoPies, KKS KKS b HIGH COURT DATED:0 810412025 ( ' '-:-, 3T \ i 1 .t 5\li. I .-.J' ',/ , ,r-'' I I ,.v l ) ,J 11 ' k JUDGMENT WA.No.374 of 2025 DISPOSING THE WRIT APPEAL WITHOUT COSTS C9o{'q $-,-' -r\q1t-