APHC010180192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13346/2026 Between: 1. SHAIK KHASIM BEE, W/O UDDHANDU, AGED ABOUT 75 YEARS, R/O 9-56, JAGGAIAHPET, NTR DISTRICT. 2. SHAIK MANA,, W/O KHAZA, AGED ABOUT 39 YEARS, R/O 9-54 JAGGAIAHPET, NTR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY (MA AND UD DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.522238 2. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION, CRDA BUILDING, AMARAVATI.522239 3. THE REGIONAL DIRECTOR, MUNICIPAL ADMINISTRATION, GANDHIPURAM, RAJAMAHENDRAVARAM.533101 4. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA.520001 5. THE MUNICIPAL COMMISSIONER, JAGGAIAHPET MUNICIPALITY, NTR DISTRICT.520001 6. GANNAVARAPU MUTYALA RAO, S/O NOT KNOWN, AGED ABOUT 50 YEARS, MUKTYALA ROAD, JAGGAIAHPET, NTR DISTRICT.520001 ...RESPONDENT(S): 2 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 of WRIT OF MANDAMUS or any other appropriate writ, order or direction to DECLARE the action of the respondents No. 3 and 4 in not considering my representation dated 28.02.2026 to enquire into the auction dated 28.03.2026 for rights to collect fee from vendors of vegetable, flowers and fruit exports and imports including fish market, right to collect fee from goat and sheep exports and slaughter houses for the financial year 2026-27 and the action of the 5th Respondent in issuing the Endorsement dated 17.04.2026 rejecting to re-conduct the auction dated 28.03.2026, as illegal, arbitrary, without jurisdiction, null and void, principles of natural justice, violative of provisions of A.P. Municipalities Act,1965 and contrary to Articles 14. 15 and 19(1)(g) of Constitution of India and consequently DIRECT the Respondent authorities No. 3 and 4 to re-conduct the auction, in the interest of justice 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 No. 3 & 4 to consider my representation dated 28.02.2026 to enquire into the auction dated 28.03.2026 for rights to collect fee from vendors of vegetable, flowers and fruit exports and imports including fish market; right to collect fee from goat and sheep exports; and slaughter houses for the financial year 2026-27 in the interest of justice and pass Counsel for the Petitioner(S): 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The learned counsel for the petitioners submits that the petitioners had opted to participate in the auction proceedings for collection of taxes at the fruits and vegetable market yard and from other street vendors. 2. It is submitted that the applicants were required to submit certain documents and also deposit the auction deposit amount as per the notification. It is submitted that the petitioners could not submit the solvency certificate as the concerned Tahsildar had delayed issuance of the solvency certificate. In that regard, the petitioners submitted a representation seeking the indulgence of the District Collector and other officials, along with a copy to the Municipal Commissioner, Jaggaiahpet, duly bringing to their notice the high-handed manner in which the petitioners were prevented from participating in the auction. 3. It is submitted that the petitioners obtained the Encumbrance Certificate one month prior to the date of auction and were also willing to deposit the auction deposit amount. Though the petitioners submitted the Encumbrance Certificate and deposited the auction deposit amount, they were unable to submit the solvency certificate and, therefore, were not permitted to participate in the auction. It is submitted that the respondents have not followed the due process in granting an opportunity to the petitioners before conducting the auction and have facilitated the 6th respondent in becoming the highest bidder. 4 4. Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel appearing for the 5th respondent, on written instructions, submits that the 6th respondent is not the highest bidder and that one Kaveri Jhansi is the highest bidder insofar as the grievance of the petitioners is concerned. It is submitted that the auction notification was published on 18.03.2026 to ensure maximum public participation. The bidders were required to submit a solvency certificate for Rs.5,00,000/- and deposit an amount of Rs.2,00,000/- for the vegetable market; for the mutton market, a solvency certificate for Rs.1,00,000/- and a deposit of Rs.40,000/-; and for the slaughter house, a solvency certificate for Rs.25,000/- and a deposit of Rs.20,000/-, as prescribed. It is also submitted that the petitioners did not satisfy the eligibility conditions and, as such, they were not permitted to participate in the auction. It is further stated that the respondent authorities have followed the auction process and that the auction was conducted transparently. This Court finds no grounds to interfere. 5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 19.06.2026 PNS