APHC010143312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7707/2026 Between: 1. G RADHA, W/O. G RAJA, AGED 43 YEARS, OCC. BUSINESS H NO. 3-89, AGARAMPALLI VILLAGE, KANIPAKAM POST, IRALA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, DEPARTMENT, SECRETARIAT BLDGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522237 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR- 517001 3. THE DISTRICT PANCHAYATH OFFICER, CHITTOOR DIST. CHITTOOR- 517001 4. THE MANDAL PARISHAD DEVELOPMENT, OFFICER, O/O. PANCHAYAT OFFICE IRALA MANDAL, CHITTOOR DISTRICT. 517125 5. KANIPAKAM GRAM PANCHAYATH, REP BY ITS SECRETARY, KANIKPAKAM, IRALA MANDAL, CHITTOOR DISTRICT- 517125 ...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 2 pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the acts on the part of the Respondents 2 to 5 herein seeking to auction the 5TH respondent Gram Panchayath Daily and Weekly Sandy by fixing the schedule on 23.3.2026 or any other subsequent dates, without considering the representation made by the writ petitioner dated 22.9.2025 and 3.3.2026 amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India besides being violative of principles of natural justice, and the provisions as contemplated under Panchayath Raj Act and consequently direct the respondents 2 to 5 to continue the petitioner for further period as they genuinely finds in the interest of justice by postponing auction schedule for daily and weekly Sandy for the 5TH respondent Gram Panchayath for the year 2026-2027 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 direct 2nd and 5th respondent, to differ the auction schedule for daily and weekly Sandy of 5th respondent Gram Panchayath for the year 2026-2027 by continuing the petitioner, considering the representations dated 22.9.2025 and 3.3.2026 made by the writ petitioner pending disposal of the above W.P. and to pass Counsel for the Petitioner: 1. T C KRISHNAN Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: :: ORDER :: Heard Sri T.C.Krishnan, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3 and Ms. Kavitha, learned counsel representing M.Sudhir, learned Standing counsel for the respondents 4 and 5. 3 2. The above writ petition was filed to declare the action on the part of the respondents 2 to 5 to conduct an auction, for daily and weekly sandy of Kanipakam Gram Panchayat on 24.03.2026, without considering the representations made by the petitioner dated 22.09.2025 (Ex.P2) and 03.03.2026 (Ex.P1), as illegal and arbitrary. 3. The 5th respondent invited the tenders to conduct an auction for daily and weekly sandy. The petitioner, a permanent resident of Agarampalli Village, participated in the auction and emerged as the highest bidder for the period from 01.04.2026 to 31.03.2026. The petitioner quoted the highest prices of Rs.6,11,000/- for daily sandy and Rs.7,64,000/- for weekly sandy. The petitioner made representations, as referred to supra, ventilating her grievance that she could not even get 50% of the auction amount. The petitioner also approached the 2nd respondent personally. A fresh notification vide Rc.No.B1/62/2026 dated 09.03.2026 was issued to conduct a fresh auction for the period 2026-2027, by fixing the upset price of Rs.4,78,900/- for weekly sandy and Rs.3,58,800/- for daily sandy. 4. Learned counsel for the petitioner would contend that the petitioner could not recover even 50% of the auction amount, and hence, the petitioner may be permitted to continue for a further period. 5. Ms. Kavitha, learned counsel representing M.Sudhir, learned Standing counsel for the respondents 4 and 5, submitted the written instructions of the Panchayat Secretary of the 5th respondent. It was stated that, to strengthen 4 the Gram Panchayat Funds, the Divisional Panchayat Development Officer, Chittoor Division, Chittoor District, had furnished the upset price for lease value for weekly sandy as Rs.4,78,900/- per year and daily sandy as Rs.3,58,800/- per year. The Gram Panchayat passed a resolution No.87 dated 26.02.2026 to conduct an auction. The petitioner can also participate in the auction. 6. Thus, as seen from the averments in the affidavit and the instructions, it is not in dispute that the petitioner made representations dated 22.09.2025 (Ex.P2) and 03.03.2026 (Ex.P1), complaining of her grievance. However, the petitioner, having participated in the auction and emerged as the highest bidder, cannot ask for an extension on the ground of the alleged losses, if any, as a matter of right. 7. Unless the petitioner points out an infringement of her right and corresponding legal obligation on the part of the respondent authority, the Mandamus sought by the petitioner cannot be issued. In fact, the instructions would further indicate that the petitioner can also participate in the auction to be scheduled on 24.03.2026. 8. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, giving liberty to the petitioner to participate in the auction scheduled on 24.03.2026. There shall be no order as to costs. 5 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.03.2026 SNI 6 126 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7707 OF 2026 Date: 23.03.2026 SNI