Swagarla Paramesh v. The State of Telanoana

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 particularly one in the nature of writ of Mandamus, declaring the action of the '1st Respondent in appointing the Respondent No. 5 and 6 herein as Market Committee Vice Chairman and its [Vlember vide G.O.Rt.No. 656, Agrl.,and Cooperation (Mkt-l) Dept', dt ' 31-08- 2024 is contrary to the G.O.Ms.No. 43, dt., 07-1O-2O23, as illegal, arbitrary and unconstitutio na I ancl also violative of Art., '14,16 and 21 <-tf the cc,nstitution of lndia and consequen y s_.t-aside the same as bad In Law. lA NO: 1 OF 2024 Petition unde' Section 1sr cpc praying that in th= circumstances stated in the affidavit firtrd in support of the petition, the Frigh court may be preased to Suspend the G.O.Ftt.No.656,.Agrl., and Cooperation (Mkt_t) Dept., dt.,31_08_ 2024 pending d ispor;ar of the main writ petition, in the circumstarrces of the case. Counsel for the Petitioner : SRI K.JAGADEESHWARA RAO Counsel for the Respondents No.1to4 : Gp FOR AGRICULTURE Counsel for the Respondents No.5&6 : SRI CH.VENI(AT.REDDY The Court mader the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: W.P.NO. 353rr OF 2024 This writ petition was disposed of vide order dated 1a.O2.2025 by this Court by observing that the respondent No.5 in the writ petition i.e., the person appointed as Vice Chairman, does not belong to any of the villages falling under the Alarr Agricultural Marketing Committee and therefore, G.O.Rt.No.656, dated 31.O8.2O24 is set aside only to the extent of appointment of the respondent No.5 as Vice Chairman.

2. The respondent No.S has hled a Writ Appeal before the Division Bench of this Court in W.A.No.374 of 2025 and the Division Bench of this Court, vide orders dated 08.04.2O25 has remanded the matter back to the file of Single Judge i.e., to this Court for deciding on the certilicates produced at Page Nos.47 and 55 of .the Writ Appeal by the appellant showing the residence of the appeliant at different villages i.e., Katepally and Motakondur, falling under different Agricultural Marketing Committees. Accordingly, the order dated 18.O2.2025 in W.P.No.3531l of 2024 has been set aside and remanded to this Court for a decision afresh. That's how the matter has been listed before this Court agatn r 2

3. L,:arned counsel for the petitioner subm itted that the appointnrr:nt of the respondent No.5 as Vi,:e Chai.:.mar-r was vide G.O.Rt No.656, dated 31.08.2024"and at the time of appointnrent he has submitted the certificate of residence showing that he is resident of Katepaliy Village. ancl he has also drawn tl-re at r:ntion of this Court to the counte.- affidarit fited by the respondent No.s, wherein he has mention ed hr mself to be the resic cnt ,rf Katepaliy Viliage and he submitted that the certificatr: n.L ich is at Page No.55 of the Writ Appeill .capcrs is issued try the Tahsildar and two others mentio rring the residence of respondent No.5 to be Motakondur Village and there is eLlso reference to the agricuttural land belonging to the responde.tt Nc,.5 in Motakondur Village. He submitterl that in the month c,f October, 2024, the respondent No.5 has purchase,l th: land from his own daughter-in-law only to claim that he is als I a resident of Motakondur Villagr: and tl.ereafter, he seems to have obtained the said certificate, sinr:e the said certificate mentioned the agricultural lands purchas;ecl by him and therefore the said certificate should not be consirlered for considering his residence at the time of his appointment.

4. Lr-arned counsel for the respondent. No.ti, ..rowever, submitl ed thzLl the writ petitioner is neither a conte stant o[ 3 eiections for the post of Vice Chairman nor is in any way in public life and therefore cannot be an aggrieved parly and hence the writ. petition filed by him is not maintai4able. On merits, he submitted that the certificate at Page No.47 showing the residence of the respondent No.S as Katepally was issued by the Naib Tahsildar, whereas the certificate placed at Page No.55 of the Writ Appeal papers was issued by Tahsildar and two others and therefore, it should be considered for deciding the residence of respondent No.5.

5. Having regard to the rival contentions and the material on record, this Court finds that the writ petitioner is a resident of Ganda Malla Village, Turkapally Mandal, which comes under the Alair Agricultural Marketing Committee and \ therefore, he is also one of the interested parties even if he has not contested the elections and therefore, this writ petition is maintainable.

6. As regards the certificate at Page No.55 of the Writ Appeal papers, this Court finds that it is not dated, but it contains the details of the agricultural lands purchased by the respondent No.5 from his daughter-in-law ol 23.10.2024. Therefore, it is obvious that the certihcate is given after I I 4 appolntlnen _ of the respondent No.5 as Vice (lharrlr_ra n ol. Alair Agricuitural Marketing Committee.

7. ,n view thereof, the said certificate canrrot be relied upon fo;- hclding that the respondent No.S is a resident of Motakondur r/i age falring under the jurisdiction ,rf the Alair Agricultu ral I\4arketing Committee and ther,:fc,re, the G.O.Rt.Nc.65€,, dated 31.Og.2O24 is set asicle to thc extent of the appointrrLt:nt of the respondent No.S as Vice chaLrman is concernerl B. A:cordingly, the writ petition is allo,.vecl. 1.h:rre,shall be no ordr:r as; to costs. 9 Miscellaneous petitions, if any, pencling in rhis writ petrtion, s hall stand closed To, //TRUE COPY// SDi.MOHD. ISMAIL DEPUTY REGISIRAR V SECTION OFFICER 1 The APC., anc Secretarv. Agriculture and Co_operati,ln (l\4arketing _l), Dept., Dr. B.R. Ambedkar secrixari"it euidtirgr, si;,r"dJillirt" ot Tetangana, Hyderabal 2 J 4 q 6 The Director o1'Aqriculture Marketing, (F.A.C.,), Nampally Stalion Road, Hyderaba,l. The. Diskir;t Collector and Magistlate, (Agriculture, Co_operation and Marketing r yactadri snuvanaglribiatriii. " --'- "' "' ' TheSecretary, Agriculture Marketing Committee, Alair, yadadri Bhuvanagiri One CC to SRt K.JAGADEESHWARA RAO, Advocate. [OpUC.] ff,jr?"t One CC to SRt CH.VENKAT REDDY, Advocate. [OPUC] tr GF' FoR AGRICULTURE, High court for the stak: of rerangana. 7 8. Tyo CD Copies ----_q95 -- 1 HIGH COIJRT DATED:02 tlit2O2S ( "fEL4 .!' 7 $* / ORDER \.: WP.No.35311 of 2O2t ALLOWING THE WRIT PETITION WITHOUT COSTS E