PHC010403962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ Vi,''- PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO; 20645 OF 2025 Between: Butcha Srinu, s/o. Butcha Ramu Reddy, Aged about 43 years, Occ R/o D.No. 26-5-226, Panda Street, Prasad Gardens, Vishakhapatnam urban, Vishakhapatnam District. Business ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal Administration and Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Greater Vishakhapatnam Municipal Corporation, Represented by its Commissioner, Vishakhapatnam, Vishakhapatnam District. Urban Development Department, / ...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 a Writ or order or direction more particularly one in the nature of Writ of Certoraria calling for the records pertaining to the notice Respondent vide No.2 the issued by Rc.No.712/2025/Revenue(Leases)/Zone-IV, dated 29.07.2025 informing the Petitioner had failed in submitting the lease and bank petitioner that guarantee as demanded by the Respondent No.2 and the auction conducted on 29.03.2025 is cancelled and fresh auction will be conducted, without executing the, lease deed in favour of the Petitioner from 01.04.2025 to 31.03.2028:, taking undue advantage of the condition enumerated in the auction notice despite receipt of Rs.32,30,883/- in the month of April 2025 itself as noting but illegal, arbitrary, erroneous, highhanded and violative of Article 14,19 (1)(g) and 21 of The Constitution of India apart from the conditions enumerated in the Gazette No.7 of 2024, dated 04.01.2024 and consequently direct the Respondent No.2 to execute the lease deed in favour of the Petitioner for a period of 12 months for collection of aseel of S.V.P (Pooma Market) Vishakhapatnam, Vishakhapatnam District. lA NO: 1 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 suspend the operation proceedings vide Rc.No.712/2025/Revenue of the Impugned (Leases)/Zone-IV, dated: 29.07.2025 issued by the Respondent No. 2, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI A K KISHORE REDDY Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010403962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y [3457] I TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20645/2025 Between: 1.BUTCHA SRINU, S/0. BUTCHA RAMU REDDY, AGED ABOUT 43 YEARS, OCC BUSINESS, R/O.D.NO. 26-5-226, PANDA STREET, PRASAD GARDENS, VISHAKHAPATNAM URBAN, . VISHAKHAPATNAM DISTRICT. ■y i ...PETITIONER AND I 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. SECRETARIAT 2.THE GREATER VISHAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VISHAKHAPATNAM, VISHAKHAPATNAM DISTRICT. ...RESPbNDENT(S): y Counsel for the Petitioner: 1.A K KISHORE REDDY Counsel for the Respondent{S): I 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2 The Court made the following: ORDER: The learned counsel for the petitioner submits that the petitioner is aggrieved by the notice dated 29.07.2025, whereby the lease granted to the petitioner was cancelled, and that the 2nd respondent is in the process of V notifying a fresh auction. r \ 2. It is submitted that the petitioner filed W.P. No. 18987 of 2025, which Vv/as disposed of by this Court on 28.07.2025, the order of which reads as follows:- “Accordingly, this writ petition is disposed off with a direction to the respondent to execute the lease deed, subject to the petitioner submitting the bank guarantee as called upon. At any rate, the entire exercise shall be completed within a period of two (02) weeks from the date of submission of the bank guarantee. There shall be no order as to costs’’. v It is submitted that soon after the 2^^ respondent came to know about 3. I the passing of the order and the petitioner’s readiness to execute the bank guarantee in W.P. No. 18987 of 2025, the impugned proceedings were issued ! in haste. The learned Standing Counsel appearing for the 2"^^ respondent submits 4. that the order passed by this Court was not informed in time and the same was not uploaded on the website. Considering the submissions, this Court is of the considered opinion 5. that the impugned proceedings deserve to be set aside. The order passed in V 1 I 3 W P No 18987 of 2025 shall be complied with by the petitioner insofar submission of the bank guarantee is concerned. Upon submission of the bank guarantee, the 2 as the nd respondent shall duly execute the sale deed in favour of the petitioner. At any rate, the entire process shall be completed within (07) days from the date of submission of the bank seven guarantee 6 Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SEC mON OFFICER To 1. The Principal Secretary, Municipal Administration and Development Department, State of Andhra Pradesh, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner, Greater Vishakhapatnam Municipal Corporation, Vishakhapatnam, Vishakhapatnam District. Sfe^Q One CC to Sri A K Kishore Reddy Advocate [OPUC] One CC to Sri A S C Bose SC for Municipal Corporation [OPUC] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT Two CD Copies Gsc (gsg) Urban 2. 3. 4. 5. 6. I, HIGH COURT DATED:05/08/2025 ORDER WP NO. 20645 OF 2025 DISPOSING THE WP WITHOUT COSTS