APHC010314372021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18589/2021 Between: 1. MANNEM SOMA SEKHARA VEERA VENKATA SATYA BHASKAR RAO, S/0 SATYANARAYANA MURTY, AGE 43 YEARS, R/O D.NO. 33-11-13, MEKAVARI VEEDHI, ATCHUGATLA PALEM, PALAKOLLU W.G., DISTRICT. (SHOP NO.1) 2. .MANEM ANATHA LAKSHMI,, W/O SATYANARAYANA MURTY, AGE 62 YEARS, R/O D.NO. 33-11-13, MEKAVARI VEEDHI, ATCHUGATLA PALEM, PALAKOLLU. (SHOP NO.2) 3. MANDELA VENKATA SESHAVATHARAM,, S/O SRIRAMA KRISHNARAO, AGED 43 YEARS, OCC. SCOOTER MECHANIC, R/O D.NO. 33-11-19 MEKAVARI VEEDHI, ATCHUGATLA PALEM, PALAKOLLU. (SHOP NO.3) 4. CHEEMALAKONDA SRINIVASA CHAKRAVARTHI,, S/O VENKATA GANGADARA RAMARAO, AGED 47 YEARS, .NO. 16-2-21, SHAVUKARU PETA, PALAKOLLU, W.G., DISTRICT. (SHOP NO.4) 5. ADDALA JAGADESH,, S/O NAGESWARAO, AGED 41 YEARS, OCC. MECHANIC SHOP, R/O D.NO. 34-3-13, MADELAVARI STREET, PALAKOLLU, W.G.DISTRICT. (SHOP NO.5) 6. VANKA VENKATA REDDY,, S/O VEERABADHRARAO, AGED 64 YEARS, OCC. COOL DRINK SHOP, R/0 D.NO. 33-4-6/3A, ATCHUGATLA PALEM, PALAKOLLU. (SHOP NO.6) 7. .MIRIYALA VENKATA RANGARAO,, S/O SATYANARAYANA, AGED 47 YEARS, OCC. BUSINESS, R/O D.NO. 11-19/1, 1ST STREET, 2 NAGARAJU PETA, PALAKOLLU. (SHOP NO.8) 8. MIRIYALA VENKATESWAR RAO,, S/O SATYANARAYANA, AGED 61 YEARS, OCC. IRON SHOP, D,NO.5A-2-3, SIVAPARAVATHI THEATER BACK SIDE, SAROJINI COLONY, 31 ST WARD, PALAKOLLU. (SHOP NO.8) 9. CHERUKUVADA VENKATESWARA RAO, , S/O PRAKASHA RAO, AGED 72 YEARS, OCC. SODA SHOP, R/0 D.NO. 12-8-3, SRIRAM PETA, BESIDE VERAHANUMAN THEATER, PALAKOLLU. (SHOP NO.9) 10. .VENDRA SURESH KUMAR,, S/0 RAJEDRAPRASAD, AGED 33 YEARS, OCC. FAST FOOD CENTRE, R/O D.NO.CHINTHALATOTA, PALAKOLLU. (SHOP NO.10) 11. MADAKA ESWARAMMA, W/0 RAMARAO, AGED 47 YEARS, OCC. TIFFEN CENTRE, R/0 D.NO. 4-3-12, BETLAHAM PETA, WARD NO.18, PALAKOLLU. (SHOP NO.11) 12. SUWADA VENKATA NAGA GANESH BABU,, S/0 RAMAKRISHNA, AGED 44 YEARS, OCC. PAINTING SHOP, R/O D.NO.11-2-38, KODIGATTU, 4TH WARD, PALAKOLLU. (SHOP NO.12) ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURAL MARKETING, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. TTHE COMMISSIONER AND DIRECTOR, AGRICULTURAL MARKETING COMMITTEE DEPARTMENT, GUNTUR, GUNTUR DISTRICT. 3. THE SUPERINTENDENT ENGINEER, AGRICULTURAL MARKETING COMMITTEE DEPARTMENT, GUNTUR, GUNTUR DISTRICT. 4. THE ASSISTANT DIRECTOR OF AGRICULTURAL MARKETING, Z ELURU, WEST GODAVARI DISTRICT., 5. THE AGRICULTURAL MARKETING COMMITTEE, PALAKOLLU, W.G.DISTRICT. REP., BY ITS SPECIAL GRADE SECRETARY. 3 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India 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 respondents in issuing the tender notification NO. SE(AM)AP/GNT/18/2021-22 dated 24-08-2021 for leasing of shop nos.1 to 12 on rental basis at Block A, Agriculture market committee, Palakol in West Godavari District, and trying to dispossess the petitioners from their shops, without following agreement conditions and without following due process of law as illegal, arbitrary and violative of principles of natural justice as illegal, unconstitutional and violative of Art 14, 19 and 300-A of Constitution of India and Principles of Natural justice and set aside the same, consequently to grant stay of all further proceedings pursuant to the tender Notification No.SE(AM)AP/GNT/18/2021-22 dated 24-08-2021 for leasing of shop nos.1 to 12 on rental basis at Block A, Agriculture market committee, Palakol in West Godavari District, by directing the respondent authorities continuing the petitioners in their respective Shop nos.1 to 12 on rental basis at Block A, Agriculture market committee, Palakol in West Godavari District, and pass Counsel for the Petitioner(S): 1. PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1. GP FOR AGRICULTURE 2. (Sr SC FOR A M C ) 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18589 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “....to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in issuing the tender notification NO. SE(AM)AP/GNT/18/2021-22 dated 24-08-2021 for leasing of shop Nos.1 to 12 on rental basis at Block A, Agriculture market committee, Palakol in West Godavari District, and trying to dispossess the petitioners from their shops, without following agreement conditions and without following due process of law as illegal, arbitrary and violative of principles of natural justice as illegal, unconstitutional and violative of Art 14, 19 and 300-A of Constitution of India and Principles of Natural justice and set aside the same, consequently to grant stay of all further proceedings pursuant to the tender Notification No.SE(AM)AP/GNT/18/2021-22 dated 24-08-2021 for leasing of shop Nos.1 to 12 on rental basis at Block A, Agriculture market committee, Palakol in West Godavari District, by directing the respondent authorities continuing the petitioners in their respective Shop nos.1 to 12 on rental basis at Block A, Agriculture market committee, Palakol in West Godavari District,..” 2. Heard Sri Palla Balu Anil Kumar, learned counsel for the petitioners, Ms.G.N.Uma Rani, learned Standing Counsel for the Agricultural Marketing Committees and Ms. M. Sandhya Deepthi, learned Assistant Government Pleader for Agriculture for the respondents. 3. Learned counsel for the petitioners would submit that the present writ petition has been filed challenging the auction notification dated 01.09.2021 issued by the respondent-authorities in respect of leasing out Shop Nos.1 to 12 on rental basis. 5 4. Learned Standing Counsel for the Agricultural Marketing Committees would submit that the respondent-authorities have not conducted the auction pursuant to the notification dated 01.09.2021 and, therefore, the relief sought in the Writ Petition has become infructuous. She would further submit that, if there is any grievance, a fresh cause of action would arise to the petitioners and this writ petition may be disposed of. 5. Considering the submissions made, since, the cause of action for filing this Writ Petition does not survive, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.06.2026. UPS 6 132 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18589 of 2021 Dt.16.06.2026 UPS