APHC010113672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6138/2026 Between: 1. NANDINI, W/O SHILAMURTHY (LATE), AGE 37 YEARS,R/O 6-862, BC COLONY,HOLUAGUNDA, KURNOOL DT,ANDHRA PRADESH PIN - 518346. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS. PRINCIPAL SECRETARY PANCHAYATH RAJ,DEPARTMENT ,VELAGAPUDI, GUNTUR DISTRICT.ANDHRA PRADESH. 522238 2. THE COMMISIONER, ,PANCHAYATH RAJ DEPT, TADEPALLI, GUNTUR DT, ANDHRA PRADESH. 522501 3. THE DISTRICT COLLECTOR, KURNOOL DT, ANDHRA PRADESH 518001 4. THE DISTRICT PANCHAYATH OFFICER, , KURNOOL DT, ANDHRA PRADESH 518006 5. THE DIVISIONAL PANCHAYATH OFFICER, HOLAGUNDA,ADONI, KURNOOL DT.ANDHRA PRADESH. 518346 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ADONI, KURNOOL DT, A.P 518301 7. THE PANCHAYATH SECRETARY, HOLAGUNDA VILLAGE AND MANDAL, KURNOOL DT, ANDHRA PRADESH. 518346 2 ...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 to issue a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus by declaring the action of the respondents in not Considering the petitioner representation dated 23.02.2026 as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, Consequently, direct the respondents to extend the lease period of petitioner pertaining to shop / hotel site no.4 , near bus stand, holugunda village, without conducting the public auction and to pass IA NO: 1 OF 2026 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 further public auction pertaining to pertaining to shop / hotel site no.4 , near bus stand, holugunda village pending disposal of main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. B R S KALYAN REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: Heard Sri B.R.S.Kalyan Reddy, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 4 and Sri M.Sudhir, learned Standing counsel for the respondents 6 and 7. 3 2. The petitioner made a representation dated 23.02.2026 (Ex.P1) to the 6th respondent requesting the authority to extend the lease period by nominally enhancing the lease amount in respect of a shop No.4 at Holugunda Village and Mandal, Kurnool District. 3. Learned counsel for the petitioner would submit that the petitioner’s husband became the highest bidder in the auction conducted in the year 2010 regarding the shop mentioned supra. Initially, the petitioner’s husband ran the business and paid the lease amount regularly. After the death of the petitioner’s husband, the petitioner has continued the said business. The lease period is expiring on 31.03.2026. The petitioner made a representation dated 23.02.2026 (Ex.P1) to extend the lease by nominally enhancing the lease amount. Learned counsel would further submit that the Government issued G.O.Ms.No.496 dated 11.06.1966. As per the Rule 12(2) of the G.O., the 7th respondent is the competent authority to consider the request of the petitioner. 4. Per contra, Sri M.Sudhir, learned Standing counsel for the respondents 6 and 7, would submit that the petitioner’s husband had participated in the auction and became the successful bidder. The lease period is going to expire on 31.03.2026. The petitioner can also participate in the auction to be conducted. Learned counsel would further submit that the 7th respondent will consider the representation dated 23.02.2026 (Ex.P1) made by the petitioner and pass orders in terms of G.O.Ms.No.496 dated 11.06.1966. 4 5. In W.P.No.24004 of 2012, the learned Single Judge of the Composite High Court observed as follows: “The Government Order vide G.O.Ms.No.496 dated 11.06.1966 relates to the Rules and Notifications issued under the A.P. Panchayat Raj Act. Rule 12(2) of the G.O., reads thus: “ 12.(2) Leases of buildings and lands belonging to Gram Panchayat shall be effected by public auction which shall be conducted by the executive authority or by a person duly authorized by him who shall give full publicity thereto in such manner as he considers suitable. The bids at the auction shall be placed by the executive authority before the gram panchayat which determines which of the bids should be accepted. Where the bid accepted is not the highest bid, the reasons for rejecting a bid or bids higher than the one accepted shall be recorded in writing. Provided that in the case of lease of land and buildings when it is advantageous to renew the lease in favour of the person to whom it was originally granted, the gram panchayat may, with the previous sanction of the District Collector, dispense with public auction. Provided further that the Gram Panchayat may dispense with public auction in regard to the sale of usufruct of the trees situated in the localities inhabited by Scheduled Castes/Scheduled Tribes and permit the scheduled castes/scheduled tribes families residing in the locality to enjoy the said usufruct on payment of an amount of Rs.30/- per tree per annum to the Gram Panchayat. The usufruct so derived in the area should be utilized for the welfare of the Scheduled Castes/Scheduled Tribes community in the village.” 11. Rule 12 (1) deals with sale of the produce of usufruct of trees, wind fallen and withered trees etc. Rule 12(2) deals with lease of buildings and lands belonging to Gram Panchayat. According to sub-rule(2) of Rule 12, leases of buildings and lands shall be effected by public auction, conducted by the executive authority, after giving full publicity in such manner as he considers suitable. 5 The bids received at the public auction shall be placed by the executive authority before the Gram Panchayat for confirmation or acceptance. The sub-rule further grants discretion to Gram Panchayat to record reasons for rejecting a bid higher than the one accepted. Proviso to sub-rule (2) enables the Gram Panchayat to renew the lease in favour of the existing lessee with the previous sanction of the District Collector, when it is advantageous to renew the lease. Therefore, the conditions for granting renewal of lease are, firstly, it is advantageous to the Gram Panchayat and prior sanction from the District Collector is obtained.” 6. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission without going into the merits, with the consent of all the learned counsel, directing the 7th respondent to consider the representation dated 23.02.2026 (Ex.P1), keeping in view Rule 12(2) of the G.O.Ms.No.496 dated 11.06.1966 and pass appropriate orders within a period of two (02) weeks from today, strictly in accordance with the Rules. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.03.2026 SNI 6 86 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6138 OF 2026 Date: 09.03.2026 SNI