§ APHC010310172024 i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) % WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15691 OF 2024 Between: Marakalakuppam Shilpa, W/o N.S.Sankar, OcciSarpanch, aged 30 years, C.R. Kandriga Village, Vedurukuppam Gram panchayat, Vedurukuppam Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj AND Rural Development Department Secretariat, Velagapudi, Guntur District, 2. The Commissioner, Panchayatraj AND Rural Development Department, Tadepalli, Guntur District, 3. The District Collector, Chittoor. 4. The District Panchayat Officer, Chittoor. 5. The Divisional Panchayat Officer, Chittoor. 6. The Mandal Development Officer, Vedurukuppam Mandal, Chittoor District. 7. The Extension Officer, (PR AND RD) VedurukuppamMandal, Chittoor District. 8. The Panchayat Secretary, Verukuppam Gram Panchayat Vedurukuppam Mandal, Chittoor District. ...Respondents 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 an appropriate Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the respondents No.6 to 8 in not conducting the public auction for the shops (old AND new) and weekly market (Varapu Santha) situated at Shopping complex, Vedurukuppam Gram Panchayat, Vedurukuppam Mandal, Chittoor District as per Proceedings in Rc.No.98/2024/A3, dated 22.06.2024 is illegal, arbitrary and violative of rights guaranteed under Sections 104 AND 105 of Panchayat Raj Act, 1994 and consequently direct the respondents 5 to 8 to conduct public auction within the stipulated time and pass such other order or orders may deem fit and proper in the circumstances of the case. lA NO: 1 OF 2024 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 6 to 8 to conduct public auction for the shops and situated at Vedurukuppam Village, weekly market (Varapu Santha) Vedurukuppam Gram Panchayat, Vedurukuppam Mandal, Chittoor District as th per Proceedings in Rc.No.98/2024/A3, dated 22.06.2024 issued by the 5 respondent forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MADHU SUDHAN P Counsel for the Respondent Nos.1 to 7: GP FOR PANCHAYAT RAJ rural DEV Counsel for the Respondent No.8: SRI MATTEGUNTA SUDHIR, SC For Z.P.Ps, M.P.Ps, GRAM PANCHAYATS The Court made the following order: 1 APHC010310172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] -w WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15691/2024 Between: 1.MARAKALAKUPPAM SHILPA, W/0 N.S.SANKAR, OCCISARPANCH, AGED 30 YEARS, C.R.KANDRIGA VILLAGE, VEDURUKUPPAM GRAM PANCHAYAT, VEDURUKUPPAM MANUAL CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT, 2.THE COMMISSIONER, PANCHAYATRAJ DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, 3.THE DISTRICT COLLECTOR, CHITTOOR. 4.THE DISTRICT PANCHAYAT OFFICER, CHITTOOR. 5.THE DIVISIONAL PANCHAYAT OFFICER, CHITTOOR. 6.THE MANDAL DEVELOPMENT MANDAL, CHITTOOR DISTRICT. 7.THE EXTENSION OFFICER, (PR VEDURUKUPPAMMANDAL, CHITTOOR DISTRICT. 8.THE PANCHAYAT SECRETARY, VERUKUPPAM GRAM PANCHAYAT, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT. AND RURAL OFFICER, VEDURUKUPPAM AND RD) ...RESPONDENT(S): Counsel for the Petitioner; ▼ 2 1.MADHU SUDHAN P Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.RPs,Gram Panchayats The Court made the following: ORAL ORDER: Heard Sri Madhu Sudhan, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri T. Anvesh, learned Counsel appearing on behalf of Sri M. Sudhir, learned Standing Counsel forZPP, MPP and Gram Panchayat. The prayer sought in the present Writ Petition is as under: 2. “It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the respondents Nos.6 to 8 in not conducting the public auction for the shop rooms and weekly market (Varapu Santha) situated at Vedurukuppam Village, Vedurukuppam Gram Panchayat, Vedurukuppam Mandal, Chittoor District as per Proceedings in Rc.No.98/2024/A3, dated 22.06.2024 is illegal, arbitrary and violative of rights guaranteed under Sections 104 & 105 of Panchayat Raj Act, 1994 and consequently direct the respondents 5 to 8 to conduct public auction within the stipulated time and pass such other order or orders may deem fit and proper in the circumstances of the case.” 3. Panchayat Secretary (Respondent No.8) has filed Counter Affidavit on 28.01.2025. The relevant portion of the Counter Affidavit is usefully extracted hereunder; “2. It is humbly submitted that this gram panchayat will conduct auction of shops old and new and weekly market i.e., Varapu Santha situated at Shopping complex in the period of 3 months.” 3 % 4. The above extract would indicate that the Panchayat Secretary (Respondent No.8) is willing to conduct auction of the shops and weekly market situated at shopping complex within a period of three months. It is submitted by the learned Counsel for the Writ Petitioner that due to the pendency of the present Writ Petition, the needful could not be done. 5. Since the Panchayat Secretary (Respondent No.8) had agreed conduct public auction for the shops in the shopping complex and the weekly market, this Court deems it appropriate to allow the present Writ Petition in view of the statement made by the Panchayat Secretary. Vedurukuppam Panchayat in his Counter Affidavit dated 28.01.2025. to There shall be a direction to the Official Respondents to conduct the said auction within a period of six weeks from today. Writ Petition is allowed in terms of the above observations directions. No order as to costs. 6. and 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUT^E^TRAR //TRUE COPY// /T. I SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj AND Rural Development Department District, 2. The Commissioner, Panchayatraj AND Rural Development Department, Tadepalli, Guntur District, 3. The District Collector, Chittoor. 4. The District Panchayat Officer, Chittoor. 5. The Divisional Panchayat Officer, Chittoor. 6. The Mandal Development Officer. Vedurukuppam Mandal, District. To, Secretariat, Velagapudi, Guntur Chittoor 7. The Extension Officer, (PR AND RD) VedurukuppamMandal, Chittoor District. 8. The Panchayat Secretary Vedurukuppam Mandal, Chittoor District. Verukuppam Gram Panchayat 9. One CC to SRI. MADHU SUDHAN P., Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court of Andhra Pradesh [OUT] One CC to SRI. MATTEGUNTA SUDHIR, STANDING COUNSEL ForZ.P.Ps, M.P.Ps, GRAM PANCHAYATS [OPUC] Two CD Copies 10. 11. 12. sree HIGH COURT DATED:02/07/2025 ORDER WP NO. 15691 OF 2024 0 9 JUL 2025 Jm rrMtSectioux"*/ 53- ALLOWING THE W.P. WITHOUT COSTS