APHC010141442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7745/2026 Between: 1. KOSURU RAMA SEETHAMMA, W/O. RAMESH BABU, AGED ABOUT 52 YEARS, BUSINESS, SHOP NO.1 AND 2 R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. 2. DOVARI KIRAN BABU, S/O. SUBBA RAO, AGED ABOUT 38 YEARS. BUSINESS, SHOP NO 3, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. 3. ADAPA SRINU, S/O. PRASAD, AGED ABOUT 40 YEARS, BUSINESS, SHOP NO 4, R/O. TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. 4. POTHARAJU SRIMANNARAYANA MURTHY, S/O. SATYANARAYANA, AGED ABOUT 70 YEARS. BUSINESS, SHOP NO 5, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. 5. CHEMITI SAI BABU, S/O. LATE KUTUMBA RAO, AGED ABOUT 73 YEARS. BUSINESS, SHOP NO 6, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT 6. RAJANALA BHASKARA RAO, S/O. NAGESWARA RAO, AGED ABOUT 30 YEARS. BUSINESS SHOP NO 7, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND p. 2 MANDAL, KRISHNA DISTRICT. 7. DAMERLA RAMBABU, S/O. NAGABHUSHANAM, AGED ABOUT 44 YEARS, BUSINESS, SHOP NO 8, R/O. TANGIRALA VEERA RAGHAVAIAH COMPLEX, VANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. 8. BATCHUVENU GOPALA SWAMY, S/O.VEERA BHADRAYYA, AGED ABOUT 48 YEARS. BUSINESS, SHOP NO 9, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA,VILLAGE AND MANDAL, KRISHNA DISTRICT. 9. AVANIGADDA DAMODARA RAO, S/O. SUBBA RAO, AGED ABOUT 56 YEARS. SHOP NO 10, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. 10. BATCHU MURALI KRISHNA, S/O. BASAVA PURNAIAH, AGED ABOUT 40 YEARS. BUSINESS, SHOP NO 11 R/O. TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. 11. GANGISETTI DURGA, W/O. JAGADEESWARA RAO, AGED ABOUT 35 YEARS, BUSINESS, SHOP NO 12, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. 12. NADELLA VENKATA RAJU, S/O. GURAVAIAH, AGED ABOUT 56 YEARS. BUSINESS, SHOP NO 14, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. 13. AVANIGADDA RAVI KUMAR, S/O RAJA RAO, AGED ABOUT 40 YEARS. BUSINESS, SHOP NO 15 R/O. TANGIRALA VEERA RAGHAVAIAH COMPLEX, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. 14. PAKERLAPUDI SURI BABU, S/O NAGESWARA RAO, AGED ABOUT 40 YEARS. BUSINESS, SHOP NO 16, R/O.TANGIRALA VEERA RAGHAVAIAH COMPLEX AVANIGADDA, VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) p. 3 AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYATH WING, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM-521002. 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA, MACHILIPATNAM-521002. 4. THE DIVISIONAL PANCHAYAT OFFICER, KRISHNA, MACHILIPATNAM-521002. 5. THE AVANIGADDA GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, AVANIGADDA, KRISHNA DISTRICT-521121. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents in trying to evict the petitioners under notice dt.06-03-2026 from the shops bearing Nos.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15 and 16 respectively of Tangirala Veera Raghavaiah Complex, Avanigadda,Krishna District pending consideration of Petitioners' representation dt.27-02-2026 for renewal of lease in terms of Rules governing Transfer by lease of immovable Property belonging to Zilla Parishad as arbitrary, illegal and violative of Fundamental Rights guaranteed under Article.14, 19, 21 and 300-A of the Constitution of India and consequently set aside the eviction notice dt.06-03-2026 issued by the 5th Respondent and 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 direct the respondents not to evict/dispossess the Petitioners from the shops bearing Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15 and 16 respectively of Tangirala Veera Raghavaiah Complex, Avanigadda, Krishna District, pending disposal of the above Writ Petition and pass p. 4 Counsel for the Petitioner(S): 1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri G. Udaya Bhaskar, learned counsel for the petitioners, Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, appeared for respondents 1 to 4 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondent No.5. 2. Learned counsel for the petitioners would submit that the petitioners are lessees of shops bearing Nos.1 to 16 respectively, situated in Tangirala Veera Raghavaiah Complex, Avanigadda, Krishna District. The petitioners emerged as the highest bidders in an auction conducted on 21.03.2020, for a period of three years. A notice was issued to the petitioners, directing them to vacate and hand over the shops by 31.03.2023. The petitioners have filed W.P.Nos.7648, 7897 & 7654 of 2023, wherein an interim orders were granted permitting the petitioners to continue in the shops taken on lease by them, subject to payment of an enhanced amount by 33% increase for a period of three years. The petitioners have complied with the interim orders passed in the aforementioned writ petitions and continued. 3. Learned counsel for the petitioners would also submit that the petitioners made an application dated 27.02.2026 (Ex.P3) to respondent No.5 to renew the lease for a period of five years by enhancing the lease amount. He would also submit that without considering the said representation, the Panchayat Secretary of respondent No.5 issued the notice vide Roc.No.21/2026, dated 06.03.2026 (Ex.P4). Learned counsel would also p. 5 submit that the Panchayat Secretary ought to have considered the request/application in terms of G.O.Ms.No.918, Panchayat Raj (Sam.I) Department, dated 16.12.1971. 4. Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel appearing for respondent No.5, would submit that G.O.Ms.No.918, Panchayat Raj (Sam.I) Department, dated 16.12.1971, does not apply to the factual situation. He would also submit that G.O.Ms.No.215, Panchayat Raj and Rural Development (Pts III) Department, dated 25.06.2001, would apply to the factual situation. He would further submit that the petitioners can also participate in the auction. 5. Thus, as seen from the pleadings and instructions, the petitioners have participated in the auction said to have been conducted on 21.03.2020 and emerged as the highest bidders for a period of three years, and the term was completed on 31.03.2023. Thereafter, the petitioners filed three separate writ petitions referred to supra, and continued, by paying the enhanced lease amount. The petitioners, even after extending the lease, are still requesting the authorities to consider their representation and extend the lease. However, it is for the authorities to consider the said request, subject to the Rules in vogue. 6. Given the facts and circumstances of the case and since the petitioners made a representation dated 27.02.2026 (Ex.P3), without going into the merits of the issues, the Writ Petition is disposed of, at the admission with the consent on learned counsel either side, directing the Panchayat Secretary of respondent No.5 to consider the representation (Ex.P3), strictly as per the Rules and pass appropriate orders by 31.03.2026. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.03.2026 TVN p. 6 23 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7745 of 2026 Date: 24.03.2026 TVN