APHC010022382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.135 of 2026 Bench Sr.No:-11 [3552] Banavath Ramu Naik and others ...Appellants Vs. State of A.P. and others ...Respondents ********** Advocate for appellants : Sri V. S. R. Anjaneyulu, learned Senior Counsel appearing for Sri Vajjhala Satyanarayana Prasad Advocate for respondents : Learned Government Pleader for Municipal Administration and Urban Development, Sri S.V.S.S.Sivaram, learned Standing Counsel for Vijayawada Municipal Corporation. CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 16th February 2026 P C : The present Writ Appeal has been preferred against an interim order dated 07.11.2025 passed in Writ Petition No.30451 of 2025. 2. By virtue of the said order, while protecting the possession of the petitioners in regard to the premises in question, the auction process was permitted to continue in which the petitioners/appellants herein were given an opportunity to participate. 2 3. Learned counsel for the appellants would submit that no auction would be permissible in view of the operation of G.O.Ms.No.253, Municipal Administration and Urban Development (J1) Department, dated 02.04.1993, which envisaged 6% of shops and stalls constructed by the Municipalities to be leased out to the members of Scheduled Tribes on payment of Rs.2-50 ps. per square foot or 50% of the rent paid by the neighbouring shop rooms without the normal channel of public auction. This is in addition to G.O.Ms.No.836 dated 04.12.1980, which reserved 15% of the shops and stalls in favour of the members of the Scheduled Castes on payment of market rate or rent paid by the neighbouring shops without the normal channel of public auction. 4. It is not denied that the matter is still to be considered by the learned single Judge on the various issues which have been highlighted in the backdrop of G.O.Ms.No.836 dated 04.12.1980 and G.O.Ms.No.253 dated 02.04.1993. Any observation made by this Court would severely prejudice the outcome of the proceedings before the learned single Judge, which we intend to avoid. 5. While the learned counsel for the appellants has no objection in appearing before the learned single Judge to argue the matter finally, the apprehension expressed is that by the time the matter is argued and decided on merits, since the Municipal Corporation is proceeding to continue the 3 auction process, third party interests might creep in, which will severely prejudice the interests of the petitioners/appellants. 6. With a view to protect the interests of the appellants and with a view to give ample free play to the parties to argue the matter on merits, we direct that till the matter is considered by the learned single Judge on merits and appropriate orders are passed based upon the pleadings of the parties as also on being heard, while the auction process may proceed, no formal allotment orders be issued to the successful parties and shall await the final orders from the writ Court. 7. Registry is directed to list W.P.No.30451 of 2025 along with W.P.No.5035 of 2019 on 23.02.2026 before the learned single Judge having roster. 8. Accordingly, the Writ Appeal is disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ CHALLA GUNARANJAN, J AMD 4 03 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN WRIT APPEAL No.135 of 2026 Dt:16.02.2026 AMD