Andhra Pradesh High Court - Amravati
Bayana Kameswara Rao, vs The State Of Andhra Pradesh on 27 August, 2020
Author: T. Rajani
Bench: T. Rajani
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SMT JUSTICE T. RAJANI WRIT PETITION NO: 15085 OF 2020 Between: Bayana Kameswara Rao, S/o Apparao, Gujji Musili Reddy, S/o Apparao, Bolisetty Kumari, W/o Ramarao, Boddu Varahalamma, W/o Musalayya, Pilla Rama chandra, S/o Narayanarao, Prasadula Ganesh, S/o Sanyasirao, Karri Varalakshmi, W/o Karri Yerni Narayanamurthy, Telapalli Nageswara Rao, S/o Narayana Murthy, Telapalli Appalaratnam, W/o Shankara Rao, . 10. Bhamidimukkala Venakata Naga Parvathi Devi, W/o Rama Sanyasi Rao, 11.Gangarapu Thiru Pathirao, S/o Sambha murthy, 12. Siddanati Surya Rao, S/o Simhachalam, 13.8. Govindamma, W/o Surya Rao, 14.Potnuru Ramya, W/o Sanyasi Rao, OMNAMRWNH > ...Petitioners AND . 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Visakhapatnam District, Visakhapatnam. The District Panchayat Officer, Visakhapatnam District, Visakhapatnam. The Chodavaram Gram Panchayat, Rep. by its Panchayat Secretary, Chodavaram Mandal, Visakhapatnam District. PWN ...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 a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the open auction notice in letter No. 43/2020 dated 17.08.2020 issued by the 4" respondent which is scheduled to be held on 29.08.2020 at about 11 am at gram panchayat office wherein proposing to conduct the auction to lease out the 14 shops in complex No. 1 Opposite Petrol Bunk and 14 shops at opposite to the RTC complex Chodavaram Village and Mandal Visakhapatnam District without issuing any prior notice as illegal, arbitrary, unreasonable and unconstitutional and against to the principles of natural justice and Violative of Articles 14, 19(I)(g) of the Constitution Of India besides and contrary to the Panchayatraj Act and rules made thereunder and contrary to the resolution dated 31-07-2018 passed by the 4" respondent herein consequently set aside the same. IA NO: 1 OF 2020 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 suspend the open auction notice in letter No. 43/2020 dated 17.08.2020 issued by the 4th respondent herein which is scheduled to be held on 29.08.2020 at about 11 am at gram panchayat office wherein proposing to conduct the auction to lease out the 14 shops in complex No. 1 Opposite Petrol Bunk and 14 shops at opposite to the RTC complex, Chodavaram Village and Mandal Visakhapatnam District, pending disposal of WP 15085 of 2020, 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 P Durga Prasad Advocate for the Petitioners, GP for Panchayat Raj Rural Development Advocate for the Respondents and the Court made the following. ORDER:
"Learned Government Pleader requests time for filing counter, Post on 10/9/2020.
Till, then, the auction notice dated 17/8/2020 shall stand suspended." Sd/- M Ramesh Babu ASSISTANT REGISTRAR TRUE COPY! Aye! | For ASSISTANT REGISTRAR To,
1. The Principal Secretary, State of Andhra Pradesh, Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Visakhapatnam District, Visakhapatnam. The District Panchayat Officer, Visakhapatnam District, Visakhapatnam. . The Panchayat Secretary, Chodavaram Gram Panchayat, Chodavaram Mandal, Visakhapatnam District. (Addresses Nos 1 to 4 by RPAD) One CC to Sri. P Durga Prasad Advocate [OPUC] ~~ Two CCs to GP for Panchayat Raj Rural Development, High Court Of Andhra... Pradesh. [OUT]
7. One spare copy RON Do MSB HIGH COURT TR,J DATED:27/08/2020 ORDER POST ON 10.09.2020 WP.No.15085 of 2020 DIRECTION Cea.
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