Rangisetty Kalyan Dattu, v. The State of Andhra Pradesh, Rep. by its Principal Secretary
WP/43208/2016 · 2025-06-26
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37120 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37120 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010617632016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r. I FRIDAY,THE TWENTY SEVENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 43208 OF 2016 Between:
1. Rangisetty Kalyan Dattu, S/o.R.Vijaya Dattu, Aged about 28 years, Occ: Car Travels, Shop No.1, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
2. Smt.Akurathi Parvathamma, W/o.Hanumantha Rao, Aged about 73 years, Occ; Furniture Shop, Shop No.2, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
3. Shaik Masthan Vali, S/o.Nabee, Aged about 52 years, Occ: Tailor, Shop Nty?4, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
4. Smt.B.Seetharavamma, W/o.Late Srinivasa Rao, Aged about 40 years, Occ: Business, Shop No.5, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
5. Alla Ramesh Babu, S/o.Alla Sambasiva Rao, Aged about 48 years, Occ: Car Travels, Shop No.6, Municipal Shopping Complex, Kothapet, Mangalagiri, Guntur District, A.P.
6. Palakollu Chencha Reddy, S/o.Basivi Reddy, Aged about 81 years, Occ: Lorry Transport, Shop No.7, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
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7. Cherukuri Srinivasa Rao, S/o.Veeraiah, Aged about 60 years, Occ; Two Wheeler Mechanic, Shop No.8, Municipal Shopping Complex Road, Mangalagiri, Guntur District, A.P. Park / /
8. Shaik Hussain, S/o.Azeez, Aged about 53 Shop No.9, Municipal Shopping Complex Guntur District, A.P. years, Occ: Battery Shop, , Kothapet, Mangalagiri,
9. Somarowthu Koteswara Rao, S/o.Krishnaiah, Aged about 63 Occ; Tires Rebuttoning, Shop No. 10, Mangalagiri, Guntur District, A.P. years, Municipal Shopping Complex, ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Administration and Urban Development Department Velagapudi, Amaravathi, Guntur District, A.P.
2. The Commissioner Municipal , Secretariat, at and Director of Municipal Administration, Department, Inner Ring Road, Gorantia, Guntur, A.P.
3. The Mangalagiri Municipality, Rep. by its Commissioner, Mangalagiri, Guntur District, A.P. 5, )e^ le? 4. Sri N Samba Siva Rao, Revenue Inspector, Mangalagiri, Guntur district, A.P. [R4 is impleaded as per Court Order dated Mangalagiri Municipality 15-12-2016] ...Respondents Petition under Article 226 of the Constitution ^'''cumstances stated i of India praying that in the the affidavit filed therewith, the High Court P eased to issue a Writ, Order or direction ■ J Writ of mandamus declaring the auction notification issued I ^Pondent in R.O.C.No.436/2013/A1.
I ^^Pcluct public may be more particularly one in the nature rd by the 3 proposing to on 15.12.2016 to lease out newly therein at Municipal Shopping Complex, dated 06.12.2016 auction scheduled to be held ^tructed shops mentioned Cor,
#■ situated opposite to E-Seva center, Mangalagiri Town, Guntur District to the third parties, as bad, illegal, arbitrary and discriminatory, contrary to the orders in W.A.No.1550 of 2014, dated 10.12.2014 modifying the
order in W.P.M.P.No.33509 of 2014 in W.P.No.26808 of 2014, dated 11.09.2014 and without allotting to the petitioners earlier holding lease, which is subject matter and subjudice in the said W.P.No26808 of 2014 and offends Articles 14 of Constitution of India and consequentially to set aside the same and to pass such other order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case. lA NO: 1 OF 2016fWPMP 53316 OF 2016) Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of auction notification issued by the 3'"^ respondent in R.O.C.No.436/2013/A1, dated 06.12.2016, proposing to conduct public auction scheduled to be held on 15.12.2016 to lease out newly constructed shops mentioned therein at Municipal Shopping Complex, situated opposite to E-Seva center, Mangalagiri Town, Guntur District to the third parties, pending disposal of the Writ Petition. ^ I lA NO: 1 OF 2017(WVMP 17 OF 2017) Between: The Mangalagiri Municipality, Rep. by its Commisioner Mangalagiri, Guntur district, A.P. ...Vacate Petitioner Res.No.3 AND
1. Rangisetty Kalyan Dattu, S/o.R.Vijaya Dattu, Aged about 28 years, Occ: Car Travels, Shop No.1, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
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2. Smt.Akurathi Parvathamma, W/o.Hanumantha Rao, Aged about 73 years, Occ: Furniture Shop, Shop No.2, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
3. Shaik Masthan Vali, S/o.Nabee, Aged about 52 years, Occ: Tailor, Shop No.4, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P.
4. Smt.B.Seetharavamma, W/o.Late Srinivasa Rao, Aged about 40 years, Occ; Business, Shop No.5, Municipal Shopping Corhplex, Mangalagiri, Guntur District, A.P.
5. Alia Ramesh Babu, S/o.Alla Sambasiva Rao, Aged about 48 years, Occ: Car Travels, Shop No.6, Municipal Shopping Complex, Kpthapet Mangalagiri, Guntur District, A.P.
6. Palakollu Chenchu Reddy, S/o.Basivi Reddy, Aged about 81 years Occ: Lorry Transport, Shop No.7, Municipal Shopping Complex Mangalagiri, Guntur District, A.P.
7. Cherukuri Srinivasa Rao, S/o.Veeraiah, Aged about 60 years, Occ: Two Wheeler Mechanic, Shop No.8, Municipal Shopping Complex, Park Road, Mangalagiri, Guntur District, A.P.
8. Shaik Hussain, S/o.Azeez, Aged about 53 years, Occ: Battery Shop, Shop No.9, Municipal Shopping Complex, Kothapet, Mangalagiri, Guntur District, A.P.
9. Somarowthu Koteswara Rao, S/o.Krishnaiah, Aged about 63 years, Occ: Tires Rebuttoning, Shop No.10, Municipal Shopping Complex, Mangalagiri, Guntur District, A.P. 4 - • C‘-. j ' ■ -V 'o .
' Respondents/Petitioners ■ •..i ‘/'Jy . •
10. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department Secretariat, at Velagapudi, Amaravathi, Guntur District, A.P. The Commissioner and Director of Municipal Administration, Department, Inner Ring Road, Gorantia, Guntur, A.P. »
11. ...Respondents/Resp.No.1 & 2
•V Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in WPMP.No.53316 of 2016 in WP.No.43208 of 2016 dt. 15.12.2016. v / '/ Counsel for the Petitioners: SRI N SUBBA RAO Counsel for the Respondent Nos.1 & 2: GP-MUNCIPAL ADMN AND URBAN DEV (AP) Counsel for the Respondent No.3: VENKATESWARLU NIMMAGADDA The Court made the following order:
APHC010617632016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3460] FRIDAY .THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 43208/2016 Between: Rangisetty Kalyan Dattu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others Counsel for the Petitioner(S):
1.N SUBBA RAO ...RESPONDENT(S) Counsel for the Respondent(S):
I.GEci^UNCIPAL ADMN AND URBAN DEV(AP) 2.VENKATESWARLU NIMMAGADDA The Court made the following:
II ■ THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.43208 of 2016 77
ORDER: The present Writ Petition is filed questioning the
order dated 06.12.2016, proposing to conduct public auction for the year 2016-17, with regard to newly constructed shops mentioned therein at Municipal Shopping Complex, Mangalgiri Town, Guntur District is illegal and arbitrary. Both the learned counsel would submit that the auction period has been completed. The Writ Petition has outlived its purpose. Recording the same, this Writ Petition is dismissed as
2.
3. infructuous. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR •V. i //TRUE COPY// SECTION OFFICER To,
1. One CC to SRI N SUBBA RAO, Advocate [OPUC]
2. Two CCS GP FOR MUNCIPAL ADMN. AND URBAN DEV. (AP), High Court of Andhra Pradesh [OUT]
3. One CC to SRI VENKATESWARLU NIMMAGADDA, Advocate [OPUC]
4. Two CD Copies Sree(gsg) ^
HIGH COURT DATED:27/06/2025 2 n AUG 2075 . Current Section
ORDER WP NO. 43208 OF 2016 ?? X m Co.
DISMISSNIG THE W.P.
AS INFRUCTUOUS WITHOUT COSTS