APHC010228782020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15084/2020 Between: 1. RAPETI NAGESWARA RAO,, S/O GOVINDA RAO, AGED ABOUT 46 YEARS, OCC- BUSINESS (MOBILE SPARES), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT. 2. KANDRAPA GOWN SANKAR,, S/O SUBBARAO, AGED ABOUT 47 YEARS, OCC- BUSINESS (MILL STORES), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT. 3. GUNURU MANOJ,, S/O MALLU NAIDU, AGED ABOUT 23 YEARS, OCC- BUSINESS(SPORT SPARES), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT. 4. PAMPANA APPALA NARASAMMA,, W/O ADINARAYANA, AGED ABOUT 57 YEARS, OCC- BUSINESS (SHOES SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 5. RAYISETTI NOOKARAJU,, S/O DEMUDU, AGED ABOUT 51 YEARS, OCC- BUSINESS (BOOK SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 2 6. YELAKA LAKSHMI,, W/O KRISHNA, AGED ABOUT 54 YEARS, OCC- BUSINESS (CELL POINT), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 7. VARRI NOOKARAJU,, S/O SATYANARAYANA, AGED ABOUT 56 YEARS, OCC- BUSINESS (MEDICAL SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 8. DODDI ATCHIBABU,, S/O NOOKARAJU, AGED ABOUT 49 YEARS, OCC- BUSINESS (SHOES SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 9. DODDI BHASKAR RAO,, S/O THATHALU, AGED ABOUT 51 YEARS, OCC- BUSINESS (JUICE SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 10. NARLA SRINIVASA RAO,, S/O VENKATA RAMANA, AGED ABOUT 41 YEARS, OCC- BUSINESS (FANCY SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 11. NARLA IAXMANA RAO,, S/O VENKATA RAMANA, AGED ABOUT 39 YEARS, OCC- BUSINESS (PAN SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 12. DODDI RAJA RAO,, S/O MARIDAYYA, AGED ABOUT 49 YEARS, OCC- BUSINESS (COOL DRINK SHOP), RIO OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 13. YEDLA SRINIVASA RAO,, S/O VENKATA RAO, AGED ABOUT 39 YEARS, OCC- BUSINESS (BAKERY SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT 3 14. YEDLA VENKATA RAO,, S/O KONDAYYA, AGED ABOUT 68 YEARS, OCC- BUSINESS (SWEET SHOP), R/O OPP- R.T.0 COMPLEX, CHODAVARAM, VISAKHAPATNAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE DISTRICT PANCHAYAT OFFICER, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 4. THE CHODAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ declaring the open auction notice in letter No. 43/2020 dated 17.08.2020 issued by the 4th respondent which is scheduled to be schedule to be held on 29.08.2020 at about 11 am at gram panchayat office wherein proposing to conduct the auction to lease out the 14 shops in complex No. 1 Opposite Petrol Bunk and 14 shops at opposite to the RTC complex Chodavaram village and mandal Visakhapatnam District without issuing any prior notice as illegal, arbitrary, unreasonable and unconstitutional and against to the principles of natural justice and Violative of Articles 14, 19(I)(g) of the Constitution Of India 4 besides and contrary to the Panchayatraj Act and rules made thereunder and contrary to the resolution dated 31-07-2018 passed by the 4th respondent herein consequently set aside the same and to pass IA NO: 1 OF 2020 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 suspend the open auction notice in letter No. 43/2020 dated 17.08.2020 issued by the 4th respondent herein which is scheduled to be held on 29.08.2020 at about 11 am at gram panchayat office wherein proposing to conduct the auction to lease out the 14 shops in complex No. 1 Opposite Petrol Bunk and 14 shops at opposite to the RTC complex, Chodavaram village and Mandal Visakhapatnam District, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. P DURGA PRASAD Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORDER: Assailing the impugned auction notice in letter No.43/2020 dated 17.08.2020, on the ground that the petitioner’s lease for a period of 33 years is in force by way of resolution passed by the Gram Panchayat, the present writ petition has been filed. 5 2. The impugned auction notice was issued way back in the year 2013 and that too for a period of one year only. By efflux of time, now there remains nothing for adjudication in the writ petition and the same has consequently become infructuous. However, if at all the petitioner has any grievance against the lease period, he is at liberty to take steps in accordance with law before appropriate forum. 3. Accordingly, the Writ Petition is closed by giving liberty to the petitioner to take steps in accordance with law before appropriate forum, if he so advised. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 28.10.2025 ANS 6 246 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15084/2020 Date: 28.10.2025 ANS