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Andhra Pradesh High Court - Amravati

Bayana Kameswara Rao, vs The State Of Andhra Pradesh on 12 October, 2020

Author: Kongara Vijaya Lakshmi

Bench: Kongara Vijaya Lakshmi

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWELFTH DAY OF OCTOBER,
TWO THOUSAND AND TWENTY

: PRESENT: Mos.

THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Joon - :

WRIT PETITION NO: 15085 OF 2020 f

Between:

1. 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.S. Govindamma, W/o Surya Rao,
14.Potnuru Ramya, W/o Sanyasi Rao,

ODNAARWN

...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,

 

f

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 Order of the High Court dated 27-08-2020 made herein 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:

"Office is directed to place on record the counter affidavit filed by the qin respondent. "

To, SP _ Learned counsel for the Petitioner seeks time to file reply affidavit. List the matter after four(4) weeks. Till then, interim order granted earlier is extended. "

SDI- K.VENKAIAH. © ASSISTANT | REGIST ITTRUE COPY// For ASSISTANT REGISTRAR . One CC to Sri. P Durga Prasad Advocate [OPUC] Two CCs to GP for Panchayat Raj Rural Development, High Court Of Andhra Pradesh. [OUT] -

One spare copy YO HIGH COURT KVL,J DATED: 12/10/2020 ORDER LIST THE MATTER AFTER FOUR(4) WEEKS. WP.No.15085 of 2020 EXTENSION OF INTERIM ORDER