Vend.ors and Farmers Welfare Association v. '1. The State of Telangana
Case Details
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in not calling Tenders for the purpose of maintaining Parking area in [Vtadannapet Vegetable Market Saidabad, Hyderabad and continuing the sth respondent since 2016 onwards contrary to the provisions of the Hyderabad Municipal Corporation Act and the Rules made there under as void, illegal, arbitrary and unconstitutional and contrary to the provisions of ihe Hyderabad Municipal Corporation Act and consequently direct i I ,/ the respondents to call for tenders forthwith for maintenance of parking area in the Madannapet Vegetable Market, Saidabad, Hyderabad in Circle 7, by stricfly following the Hyderabad Municipal Corporation Act as well as the Rules made there under. lA NO:'l OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 to call for tenders forthwith for maintenance of parking area in the Madannapet Vegetable Market, Saidabad, Hyderabad in Circle 7 by considering the representation made by the petitioner dated 28.1'l .2024 strictly following the Hyderabad Municipal corporation Act as well as the Rules made lhere under. Counsel for the Petitioner: SRI S. JAGADISH Counsel for the Respondent No.1: GP FOR MUN|CIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4: SRI RAPARTI VENKATESH, S.C. FOR GHMC Counsel for the Respondent No.S: - The Court made the following: ORDER // i+1-'. / I HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.12097 OF 2025 ORDER: This writ petition is filed by the petitioner to declare the action of the respondent authorities in not calling tenders for the purpose of maintaining parking area at Mada.nnapet Vegetable lVlarket, Saidabad, Hyderabad, and continuing respondent No.5 since 2016 onwards contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 (GHMC Act) and the Rules made there under, as illegal and unconstitutional.
2. Heard learned counsel for the petitioner and lVr. Raparti Venkatesh, Iearned Standing Counsel for GHIVIC, appearing for respondent Nos.2 to 4, and perused the material available on record.
3. lt is submitted that the members of the petitioner Association are selling vegetables in Madannapet vegetable market for the past more than 40 years under licence issued by the GHltIC. Respondent No.4 granted temporary provisional trade licence to respondent No.5 for maintaining parking place near Madannapet market in the year 2016 for a period of one year. The licence period of respondent No.5 is extended illbgally and contrary to the provisions of the GHMC Act Respondent No.5 is illegally maintaining parking under the name and t 2 style of 'Sri Venkateswara Parking Stand' for the past eight years. The GHMC authorities ought to have called for tenders for allotting parking lot. Respondent No.5 had been collecting heavy parking fees from the parking owners and allowing the customers to park their vehicles in front of the shops of the members of the petitioner Association, as a result of which the members of the petitioner Association are facing heavy loss. Representation dated 28.11.2024 was submitted by the petitioner Association requesting respondent No.2 to call for tenders for maintaining parking area at Madannapet vegetable market, but so far representatiorr is not acted upon
4. Learned Standing Counsel for respondent Nos.2 to 4 submitted thai appropriate action will be taken on the representation of the petitioner
5. In view of innocuous relief sought for by the petitioner, the writ petition is disposed of directing respondent No.2 b consider the representation of the petitioner dated 28.11.2024, requesting to call for tenders for m;aintaining parking area at Madannapet vegetable market, Saidabad, HyCerabad (Circle 7), by giving an opportunity of hearing to the petitioner and respondent No.5, and pass orders, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. No order as to costs I l ) As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR ECTION OFFICER To, The Principal Department, S Secretary, Municipal Administration and Urban Development tate of Telangana, Secretariat Buildings Hyderabad.
2. The Commissioner, Greater Hyderabad li/unicipal Corporation, Tank Bund, Hyderabad \
3. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Circle No 7, Santoshnagar CRZ Hyderabad
4. The Assistant License Officer, SR Greater Hyderabad tvlunicipal Corporation, Circle No 7 Santosh Nagar Narqui poolbagh, Hyderabad500005.
5. One CC to SRI S. JAGADISH, Advocate IOPUCI 6. Two CCs to GP for l/lunicipal Admrnistration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUT]
7. One CC to SRI RAPARTI VENKATESH, S.C. for GHMC [OPUC] 8. Two CD Copies IVP GJP 6 l I HIGH COURT DATED:2210412025 ( q c o .,(,, * l riE ST4 7 4. 2 5 APB Zll25 ( -f O5-spATCH r-cl ORDER WP.No.12097 of 2025 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS o{'o C, $