Indian Kanoon - Search engine for Indian Law

Andhra Pradesh High Court - Amravati

Kancharla Seshagiri Rao vs The State Of Andhra Pradesh on 9 April, 2021

N\

om

l
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT

N)
SPECIAL ORIGINAL JURISDICTIO wo E
rRIpa( THE NINE DAY OF APRIL TWO THOUSAND AND TWE N

:PRESENT:
l H ROY
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANAT

WRIT PETITION No. 7889 of 2021

Between:

 

1. Kancharla Seshagiri Rao S/o late Ammi Raju,
aged 57 years, L.B. Charla, Narsapur Mandal,
Narsapur, West Godavari District, Andhra Pradesh.

2. Jetti Udaya Bhaskar S/o Meera Saheb
aged 41 years, Jetti Vari Street, Narsapur,
West Godavari District, Andhra Pradesh.

3. Balla Naga Murali Krishna S/o Surya Narayana,
aged 57 years, ICE Factory Street,
China Mamidi Palli, Narsapur,
West Godavari District, Andhra Pradesh.

~ 4, Veeramallu Srinivasa Rao, S/o Krishna Rao,
aged 50 years, Jetti Vari Street, Narsapur,
West Godavari District, Andhra Pradesh.

5. Saladi Ramanujam S/o Subrahmanyam
aged 66 years, Karumuri Vari Street, Palakollu
West Godavari District, Andhra Pradesh.

6. Chama Lakshmi Kumari W/o Rama Lingeshwara Rao,
aged 55 years, Valandara Revu, Narsapur,
West Godavari District, Andhra Pradesh.

7. Veera Heleena W/o Ramesh
aged 48 years, Railway Station Road, Narsapur,
West Godavari District, Andhra Pradesh.

8. Avisetty Veera Veni W/o Veer Bhadra Rao,
aged 75 years, Kambala Vari Street, Narsapur,
West Godavari District, Andhra Pradesh.

9. Gulam Asif Khan S/o Khan Jan Khan
aged 75 years, Chinna Maseedu Street,

Old Bazar, Narsapur,
West Godavari District, Andhra Pradesh.

_:10.Jakkam Venkaiah S/o late Musaliah,
_ aged 52 years, Jakkam Vari Street, Rayapeta, Narsapur,
West Godavari District, Andhra Pradesh. ... Petitioners

And |
 

- 2-
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, The Municipal
Administration and Urban Development Department, Secretariat at Velagapudi,
Amaravathi, Guntur District, Andhra Pradesh

2. The Narsapuram Municipality, rep. by its Commissioner Narsapuram, West
Godavari District, Andhra Pradesh.

....Respondents

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 appropriate writ or direction more particularly one in the nature of Writ of
Mandamus declaring the action of the ri Respondent in issuing Public Auction Notice
vide ROC No. 382/2000-Al, dated 24-03-2021 in so far as inviting bids for grant of
lease of shops situated in the Ground Floor for a period of three (3) years in the
reconstructed Shopping Complex in the place of Village Chavadi and Yerramilli
Narayana Murthy Shopping Complex, Main Road, Narsapuram, as illegal, arbitrary, in
violation of principles of natural justice, in violation of the Council Resolution dated
11-01-2019, in violation of Article 14 and  of the Constitution of India, and
consequently direct the 2nd Respondent to handover the possession of the Shops to
the Petitioners as per Council Resolution dated 11-01-2019, situated in the Ground
Floor, in the reconstructed Shopping Complex in the place of Village Chavadi and
Yerramilli Narayana Murthy Shopping Complex, Main Road, Narsapuram, in the
interest of justice.

1.A.No. 1 of 2021 :-

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P., the High Court may be pleased to Stay all
further proceedings in pursuance to the Public Auction Notice ROC No. 382/2000-A1,
dated 24-03-2021 of the 2nd Respondent in so far as inviting bids for grant of lease of
shops situated in the Ground Floor for a period of three (3) years in the reconstructed
Shopping Complex in the place of Village Chavadi and Yerramilli Narayana Murthy
Shopping Complex, Main Road, Narsapuram, in the interest of justice, pending
disposal of W.P.No. 7889 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri S. D. Gowd,
Advocate for the Petitioners, and of the Govt. Pleader for Municipal Administration on
behalf of respondent No.1 and of Sri M. Manohar Reddy, Standing Counsel for
respondent No.2, and the Court made the following

ORDER :

-

"At request of learned Standing Counsel to produce the copy of the order rejecting the proposal for extension of lease, post the matter finally on 16-04-2021.

Till then, there shall be interim. direction not to finalize the auction proceedings which is said to be scheduled on 12-04-2021, till the next date of hearing. pe eee Ae eg //TRUE COPY// DEPUTY RE |

-- SECTION To

1.The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravathi, Guntur District, Andhra Pradesh

2.The Commissioner, Narsapuram Municipality, Narsapuram, West Godavari District, Andhra Pradesh...

3. Two CCs to the G.P for Municipal Administration, High Court of A.P., at Amaravati(OUT) 4

4.One CC to Sri $.D. Goud, Advocate(OPUC) /

5.One CC to Sri M. Manohar Reddy, Standing Counsel(OPUCO

6.One spare copy.

TKK HIGH COURT CMR.J DT.09-04-2021.

ORDER W.P.No. 7889 of 2021 DIRECTION Ve (3 te Q APR 2021 & e