APHC010502222025 IN THE HIGH COURT OF ANDHRA PRADESH)^ AT AMARAVATI (Special Original Jurisdiction) o -V' FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25747 OF 2025 Between: 1. Kundala Rama Krishna, S/o Samudralu, Aged about 52 years, R/o D.No.1-58-14/2, Ammajipeta, Tuni, Kakinada District. (Balaji Cafe Shop No.7 New Complex). 2. Karri Siva, S/o Appa Rao, Aged about 34 years, R/o D.No.8-31, Pedapeerla Panja Street, Payakaraopeta, Anakapalli District, (Shop No.5, New Complex) 3. P.V.V.N. Satyanarayana, S/o Appala Raju, Aged about 38 years, R/o D.No.6-10, Mangavaram Village, Payakaraopeta Mandal Anakapalli District, (Shop No.2, New Complex), 4. Kalidindi Satyanarayana Raju, S/o Narasimha Raju, aged about 68 years, R/o D.NO.5-8-30/2A, Bank Colony, Tuni, Kakinada District. (Shop No.1 Old Complex), 5. Adari Nookaraju, S/o Satya Rao, Aged about 66 years, R/o D.No.2-91, Payakaraopeta, Anakapalli District. (Shop No.2 Old Complex). 6. Abotula Satyanarayana, S/o Appanna, Aged about 50 years, R/o D.No.13-14, Golla Veedi, Payakaraopeta, Anakapalli District. (Shop No.3 old Complex), 7. Veeraswarapu Nageswara Rao, S/o Simhachalam, aged about 58 years, R/o L.T. Colony, Payakaraopeta, Anakapalli District. (Shop No.4 Old Complex), 8. Devavarapu Nookaraju, S/o Sesha Rao, Aged about 62 years, R/o D.No.1-78, Kagitha Village, Nakkapalli Mandal, Anakapalli District. (Shop No.5 Old Complex), 9. Mamidi Venkateswara Rao, S/o Venkata Ramana, aged about 60 years, R/o D.No.18-4, Main Road, Payakaraopeta, Anakapalli District. (Shop No.6 Old Complex) ...Petitioners AND 1. The State of Andhra Pradesh, Panchayat Raj Department, Rep by Principal Secretary, Secretariat Buildings Amaravati, Guntur District. 2. The District Panchayat Officer, Anakkapalli District. 3. The Divisional Panchayat Officer, Narsipatnam Division District. 4. The Payakaraopeta Gram Panchayat, Payakaraopeta, Anakapalli District. Rep. by its Secretary. its Secretariat, Velagapudi Anakapalli ...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 order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in issuing the Notification vide Lr.No.7 of 2025, dated 10.09.2025 proposing to conduct public auction for grant lease rights for 6 shops situated abutting the main road, 8 shops situated abutting to RTC Complex and one canteen situated abutting RTC Complex for a period of 01.10.2025 to 31.03.2028 to be conducted on 23.09.2025 at 10.00 AM any other date, while validity of lelease period is in existence up to the financial year 2025-2026 ie 31.03.2026 is highly illegal, arbitrary or unconstitutional, and in violation of Articles 14 and 19 (i) (g) of the Constitution of India, set aside the same, and consequently direct the respondents No.2 to 4 to continue the petitioners in respective shops till 31.03.2026 and thereafter, by enhancing lease amount every year @ 10% their 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 stay of all further proceedings pursuant to the Notification vide Lr.No.7 of 2025, dated 10.09.2025 proposing to conduct public auction for grant lease road, 8 shops situated abutting rights for 6 shops situated abutting the main to RTC Complex and one canteen situated abutting RTC Complex for a 23.09.2025 at 10:00 period of 01.10.2025 to 31.03.2028 to be conducted on AM or any other date pending disposal of the writ petition lA NO: 2 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 respondents No.2 to 4 to continue the petitioners in their respective till 31.03 2026 and thereafter, enhancing lease amount every year @ direct the shops 10% pending disposal of the writ petition Counsel for the Petitioners; SRI VV N NARAYANA RAO Counsel for the Respondents No.1 to 3: GP FOR PANCHAYAT RAJ AND RURAL DEV Counsel for the Respondent No.4: SRI Y KOTESWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order; f aPHCOI 0502222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25747/2025 Between: 1.KUNDALA RAMA KRISHNA, S/O SAMUDRALU, AGED ABOUT 52 YEARS, R/0 D.NO.1-58-14/2, AMMAJIPETA, TUNI, KAKINADA DISTRICT. (BALAJI CAFE SHOP NO.7 NEW COMPLEX). 2. KARRI SIVA, S/O APPA RAO, AGED ABOUT 34 YEARS, R/0 D.N0.8- PEDAPEERLA PANJA STREET, PAYAKARAOPETA, ANAKAPALLl DISTRICT, (SHOP NO.5, NEW COMPLEX) 31, 3.P.V.V.N. SATYANARAYANA, S/O APPALA RAJU, AGED ABOUT 38 MANGAVARAM VILLAGE, D.NO.6-10, YEARS, PAYAKARAOPETA MANDAL ANAKAPALLl DISTRICT, (SHOP N0.2, R/0 NEW COMPLEX), 4.KALIDINDI SATYANARAYANA RAJU, S/O NARASIMHA RAJU, AGED ABOUT 68 YEARS, R/0 D.NO.5-8-30/2A, BANK COLONY, TUNI, KAKINADA DISTRICT. (SHOP N0.1 OLD COMPLEX), 5.ADARI NOOKARAJU, S/O SATYA RAO, AGED ABOUT 66 YEARS, R/0 D.NO.2-91, PAYAKARAOPETA, ANAKAPALLl DISTRICT. (SHOP N0.2 OLD COMPLEX), 6. 6.ABOTULA SATYANARAYANA, S/O APPANNA YEARS, R/0 D.NO.13-14, ANAKAPALLl DISTRICT. (SHOP NO.3 OLD COMPLEX), 7.VEERASWARAPU NAGESWARA RAO, S/O SIMHACHALAM, AGED ABOUT 58 YEARS, ANAKAPALLl DISTRICT. (SHOP N0.4 OLD COMPLEX), AGED ABOUT 50 GOLLA VEEDI, PAYAKARAOPETA, R/O L.T. COLONY, PAYAKARAOPETA, 2 ® ye“/o DNO about 62 anakapalu 0,strict; ALLI DISTRICT. (SHOP NO.6 OLD COMPLEX) ...PETITIONER(S) AND 1.THE STATE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT PANCHAYAT OFFICER, ANAKKAPALLI DISTRICT. 2. "™Am “V'SION. OF ANDHRA PRADESH, ITS PRINCIPAL SECRETARIAT. PANCHAYAT RAJ SECRETARY, VELAGAPUDI REP BY ...RESPONDENT(S): of India praying that in the arcumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 4 in issuing the Notification vide Lr.No.7 of 2025, dated 10.09,2025 proposing to conduct public auction for grant lease rights for 6 shops situated abutting the rnain road, 8 shops situated abutting to RTC Complex and one canteen situated abutting RTC Complex for a period of 01.10.2025 to 31 03 2028 ot be conducted on 23.09.2025 at 10 00 AM or any other date, while validity of release period is in existence upto the financial year 2025-2026 ie 31.03.2026 IS highly illegal, arbitrary, unconstitutional, and in violation' of Articles 14 and 19 (i) (g) of the Constitution of India, set aside the same and consequently direct the respondents No.2 to 4 to continue the petitioners in ■“■2026 and thereafter, by enhancing lease amount every year @ 10PERCENT and to pass s lA NO: 1 OF 20?.*^ Petition under Article 226 of the Constitution 3 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 Pleased to stay of all further proceedings pursuant to the Notification vide Lr.No.7 of 2025, dated 10.09.2025 proposing to conduct public auction for grant lease rights for 6 shops situated abutting the main road, 8 shops situated abutting to RTC Complex and one canteen situated abutting RTC Complex for a period of 01.10.2025 to 31.03.2028 to be conducted on 23.09.2025 at 10:00 AM or any other date pending disposal of the writ petition and to pass iA NO: 2 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 pleased to direct the respondents No.2 to 4 to continue the petitioners in their respective shops till 31.03.2026 and thereafter, enhancing lease amount every year @ 10% pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. VV N NARAYANA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: the HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA NO: 25747/^n,r ORDER: This writ petition is filed under Article 226 of the India seeking the following in mJzi the respondent No. 4 in issuina the of 2025, dated fo 09 Priris f-nh/oV auction for grant lease rights h°6°T^ Public the main road. 8 shops situa/ed L situated abutting ond one canteen penod of 01.10.2025 to 31 03 2023 tn a ^°'^P'^’< fon a 23.09.2025 at 10 00 AMnmnum !. conducted on thereafter, by entiZngl^S lZnt m and pass such other order. ’’ year @ 10% of the Constitution reliefs;- arbitrary, 19 (i) (g) same, and 2. Heard the learned Government Pleader for Revenue learned Standing Counsel for 3. Learned counsel for the petitioners for respondent Nos.1 to respondent No.4. learned 3 and the counsel for the petitioners submits that the respondent/Gram complex including one canteen for a 01.04.2023 to 31.03.2026. In petitioners are lessees of six shops of 4 Panchayat abutting to the RTC period of three(3) years starting from view of the letter addressed by respondent No.3 to respondent No.2 5 the petitioners have been continuing as lessees and they have been paying rents as fixed by the authorities to respondent No.4/Gram Panchayat. While the period of lease is subsisting in favour of the petitioners, without issuing any notice, the respondents issued notification dated 10.09.2025 for conducting public auction with respect to the granting for fresh lease hold rights. Even though the lease period is continuing in favour of the petitioners, the issuance of fresh notification/public notice for conducting fresh auction in respect of the lease hold rights for the lease period, which is existing in favour of the petitioners is contrary to the Lease Rules and terms of lease deed/agreement and further in violation of principles of natural justice. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel furnished written instructions dated 18.09.2025, wherein it is stated that no lease agreements were granted in favour of the petitioners for the financial year 2025-26 i.e., upto 31.03.2026. He further submits that the proposed public auction in respect of six shops was scheduled on 23.09.2025 pursuant to the notification/public notice dated 10.09.2025. Therefore, the subject auction notice cannot be interfered. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that the petitioners are existing lessees and they were granted lease in respect of their respective shops till the financial up to 31.03.2026 vide year 2025-2026 i.e. proceedings of 20.07.2025. It is further respondent No.4/Gram Panchayat dated observed that the subject lease was granted pursuant to the It is also observed, the Gram in respect of shops the financial year 2025-2026. conduct public auction shops. The proposed cannot disturb the existing lease period resolution No.273, dated 07.02.2025. Panchayat proposed to conduct public auction i vested with the Gram Panchayat for Moreover, respondent No.4 proposed to on 23.09.2025 in respect of subject petitioners' auction and granting of lease of the petitioners. 6. In view of the foregoing discussion, the Gram Panchayat/respondent No.4 iIS directed to proceed with the public auction and finalize the tenders. Pursuant to the finalisation of the can be handed over to the successful subsequent financial auction, the respective shops bidders from 01.04.2026 to terms of the auction notice herein should be permitted till granted to them survives petitioners undertakes that the years as per the and lease deed if any. The petitioners 31.03.2026, since the lease period up to 31.03.2026. Further, the counsel for petitioners will cooperate with respondent No.4/Grani Panchayat to vacate and handover the premises/their respective shops after 01. 04.2026 in favour of the 4"' respondent/Gram Panchayat, pursuant to the public auction to be conducted on 23.09.2025. The counsel for the petitioners also assured on behalf of the petitioners that all the months lease due amounts, if any as demanded by the 4*^ respondent will be paid within a period of two(2) weeks from the date of receipt of copy of this Order, failing which, the 4'^ respondent at liberty to proceed further and vacate the petitioner, in accordance with law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- B PRASADA RAO ASSISTANT REGiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, Secretariat Buildings. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Panchayat Officer. Anakkapalli District 3. The Divisional Panchayat Officer, Narsipatnam Division, Anakapalli District. 4. The Secretary, Payakaraopeta Gram Panchayat, Payakaraopeta, Anakapalli District. 5. One CC to SRI V V N NARAYANA RAO Advocate [OPUC] 6. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 7. One CC to SRI Y KOTESWARA RAO, Standing Counsel for Gram Panchayat [OPUC] 8. Two CD Copies gsg V ■ HIGH COURT DATED: 19/09/2025 ORDER WP NO. 25747 OF 2025 ^ 2 2 SEP 2025 ' n-entSectio gPAT£ a', r^i Co tioax^ DISPOSING THE WP WITHOUT COSTS