Andhra Pradesh High Court - Amravati
Moka Lakshmi vs The Narsapuram Municipality on 15 September, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.23884 of 2020
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 1st respondent Municipality in directing the petitioners to vacate their respective places provided for selling of fish/aqua products from "Fish Sales Building" situated at Fish market, Narsapuram, West Godavari District without any manner of right or authority in depravation of our livelihood as highly illegal, arbitrary exercise of power, violative of principles of natural justice and also violative of Art.19(1)(g) of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their respective places of business in "Fish Sales Building" situated at fish market, Narsapuram, West Godavari District, AP.
2. Heard both sides.
3. As per the averments in the affidavit, basing on the representation made by the ancestors of the petitioners, the respondent municipality was kind enough in providing place in ward no.11 of Narsapuram for selling the fish and other aqua products about 70 years ago and earmarked the same exclusively for selling the fish and other aqua products. The Municipality has also erected sheds for conveniences and allotted spaces to individuals for selling the fish and other aqua products. Now all of a sudden the municipality has taken a decision to remove the sheds and construct a permanent structure for the purpose of fish market styling as "Fish Sale Building" and allotted funds for construction of the same. The foundation stone was laid on 22.9.2010 with an estimation of Rs.14.35lakhs. Accordingly, the building was constructed and completed in the year 2011-12 and after that it was divided into 60 stands (spaces) and allotted those places to the petitioners and others who are continuing 2 their respective businesses in the sheds which were in existence and where the new building was constructed. Now all of a sudden the staff of the 1st respondent municipality came to the present fish selling center on 10.12.2020 and inspected the building and directed the petitioners to remove the infrastructure provided by the petitioners in the said premises and the same was questioned by the petitioners, the respondents have evaded to issue any reply. Questioning the said high handedness, the present writ petition is filed.
4. After notice, the respondent no.1 filed its counter. In the said counter, they have specifically asserted that the respondent municipality has constructed a new model fish market in the 12th ward and the distance of the old fish market and new fish market is only below half a kilometer and they have spent more than rupees ninety lakhs to the present new fish market and in the present new fish market sufficient stocks are existing to accommodate all the fishermen who are doing their business in the present old fish market with a hygienic environment.
5. In view of the said observation made in the counter, the writ petition is disposed of with a clear direction to the respondents to consider the representation of the petitioners while allotting the new fish market, on priority basis, before evicting the petitioners from the old market. There shall be no order as to costs.
Interim order granted on earlier occasion, shall stand closed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
________________ JUSTICE D. RAMESH Dated 13.9.2021 RD 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.23884 of 2020 Dated 13.9.2021 RD