::1:: APHC010505662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25915/2025 Between: 1. CHITTURI BULLIDORA, S/O VENKATA RAMANA, AGED 44 YEARS, R/O DR.NO. 1-94, GODICHERLA VILLAGE, NAKKAPALLI MANDAL, ANAKAPALLI. (SHOP NO. 4 IN NEW COMPLEX) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, 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 PAYAKARAOPETA GRAM PANCHAYAT, PAYAKARAOPETA, ANAKAPALLI DISTRICT. REP. BY ITS SECRETARY. ...RESPONDENT(S): ::2:: 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 or any other date, while validity of release period is in existence upto the financial year 2025-2026 i.e., 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 petitioner in my shop (i.e., shop no. 4 in New Complex) till 31.03.2026 and thereafter, by enhancing lease amount every year @ 10percent Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.25915 of 2025 This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction 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 or any other date, while validity of release period is in existence upto the financial year 2025-2026 i.e., 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 respondent Nos.2 to 4 to continue the petitioners in their respective shops till 31.03.2026 and thereafter, by enhancing lease amount every year @ 10% and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue for respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioner submits that the petitioner is lessee of shop No.4, New Complex, Payakaraopeta ::4:: Gram Panchayat of Shop No.4 in New Complex belonging to 4th respondent/Gram Panchayat abutting to the RTC complex for a period of three(3) years starting from 01.04.2023 to 31.03.2026. In view of the letter addressed by respondent No.3 to respondent No.2, the petitioner has been continuing as lessee and he has 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 petitioner, 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 petitioner, 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 petitioner 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. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that the petitioner is existing lessee and he was granted lease in respect of Shop No.4 till the financial year 2025-2026 ::5:: i.e., up to 31.03.2026 vide proceedings of respondent No.4/Gram Panchayat dated 01.04.2023. It is further observed that the subject lease was granted pursuant to the resolution No.120, dated 23.03.2023. It is also observed, the Gram Panchayat proposed to conduct public auction in respect of shops vested with the Gram Panchayat for the financial year 2025-2026. Moreover, respondent No.4 proposed to conduct public auction on 23.09.2025 in respect of subject petitioner’s shop. The proposed auction and granting of lease cannot disturb the existing lease period of the petitioner. 5. In view of the foregoing discussion, the Gram Panchayat/respondent No.4 is directed to proceed with the public auction and finalize the tenders. Pursuant to the finalization of the auction, the shop No.4 can be handed over to the successful bidder from 01.04.2026 to subsequent financial year as per the terms of the auction notice and lease deed if any. The petitioner herein should be permitted till 31.03.2026, since the lease period granted to him survives up to 31.03.2026. Further, the petitioner undertakes to cooperate with respondent No.4/Gram Panchayat to vacate and handover the premises/ his shop after 01.04.2026 in favour of the 4th Respondent – Gram Panchayat, pursuant to ::6:: the public auction to be conducted on 23.09.2025. The counsel for the petitioner also assured on behalf of the petitioner that all the months lease due amounts, if any as demanded by the 4th respondent will be paid within a period of two (02) weeks from the date of receipt of a copy of this order, failing which the 4th respondent at liberty to proceed further to get it vacate the petitioner from his subject shop. 6. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1199..0099..22002255 kkrrkk ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 515 WRIT PETITION NO:25915 of 2025 1199..0099..22002255 krk