Andhra Pradesh High Court - Amravati
The Agnikula Kshatriya Sand Quarry ... vs The State Of Andhra Pradesh on 15 December, 2020
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(SPECIAL ORIGINAL JURISDICTION)
TUESDAY, THE FIFTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY Wass SP Ds
:PRESENT: C3, ear" OY
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU "St BY
WRIT PETITION NO: 23986 OF 2020
Between:
The Agnikula Kshatriya Sand Quarry Boatsmen and Fishermen Co-Op Society
Ltd., RegNo. D-4, Kowvur At Tallapudi, Rep by its President Masakapalli Srinivas,
S/o Narasimha Murthi, aged about 46 years, R/o D.No. 2-22-9, Christian Peta,
Kovvur, West Godavari District.
...PETITIONER
AND
1. The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat
Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District.
The District Collector and District Magistrate, West Godavari District, Eluru.
The Revenue Divisional Officer, Kovvure, West Godavari District.
The District Panchayat Officer, West Godavari District, Eluru.
The Divisional Panchayat Officer, Kovvur, West Godavari. District.
Deputy Director of Fisheries, West Godavari District, Eluru. |
The Peddevam Grampanchayat, Rep by its Secretary, Peddevam Village,
Tallapudi Mandal, West Godavari District.
NOaARWN
...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, order or direction, especially one in the nature of Writ of Mandamus,
declaring the action of the respondents particularly the 7th respondent in issuing notice,
dt 8-12-2020 to conduct public auction on 16-12-2020 to the Peda Sugandi Tank,
Peddevam Village, Tallapudi Mandal, Wes Godavari District, is illegal, arbitrary, non-
application of mind, contrary to Principles of Natural Justice, contrary to the G.O.Ms.no.
343, Panchayat Raj (SAM.1)Department, dt 10-4-1978, G.O.Ms.No.. 499, dt 25-11-1998
and Arts 14, 19 (g) and 21 of the Constitution of India and consequently direct the 7th
respondent no to conduct the public auction on 16-12-2020 by setting aside the notice,
dt 8-12-2020 pertaining to Peda Sugandi Tank, Peddevam Village, Tallapudi Mandal,
Wes Godavari District. .
IA NO: 1 OF 2020 |
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
7" respondenté not to conduct public auction on 16-12-2020 pertaining to Peda Sugandi
Tank, Peddevam Village, Ta!lapudi Mandal, Wes Godavari District, by suspending the
notice, dt 8-12-2020, pending disposal of WP 23986 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 T V Jaggi Reddy,
Advocate for the Petitioner and of GP for Panchayat Raj & Rural Development for
Respondent Nos. 1, 2, 4 & 5, GP for revenue for Respondent No.3, GP for Fisheries for
Respondent No.6 and the Court made the following.
ORDER
Heard learned counsel for the petitioner and Sri |.Koti Reddi. The grievance of the counsel for the petitioner is that the procedure prescribed under G.O.Ms.No.499 dated 25.11.1998 has not been followed. He i argues that before the tank is offered for fishety culture, the Government should follow the eight (8) points which are mentioned in the annexure before arriving at the upset price.
Learned counsel for the petitioner points out that despite his best efforts and applications under the RTI Act, he could not get the information. He points out that the auction has already been fixed to be held on 16.12.2020 i.e. tomorrow at 40.00 a.m. and the price has been increased abnormally to Rs.2,80,000/-. Therefore, learned counsel wants the entire auction to be stayed. Sri I.Koti Reddy, the main answering respondent on the other hand states that the upset price has been fixed after considering all the relevant data. He submits that staying the entire auction is not correct that too at the very last moment and that the auction should be allowed to go on. In order to balance the interest of both the parties, this Court is of the opinion that time should be given to the learned standing counsel to get the clear information as to how the upset price has been fixed. At the same time, the submission of the petitioner's counsel cannot be overlooked. Therefore, the respondents are directed to go ahead with the auction and continue the same, but they shall not finalize the tenders till 21.12.2020. Meanwhile, learned standing counsel is directed to get clear information about the manner in which the upset price was fixed. List on 21.12.2020 in motion list." = Sd/- M. SURYANADHA REDDY ASSISTANT REGISTRAR ITTRUE COPY/ } 2 :
For ASSISTANT REGISTRAR To, The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. The District Collector and District Magistrate, West Godavari District, Eluru. The Revenue Divisional Officer, Kovvure, West Godavari District. The District Panchayat Officer, West Godavari District, Eluru. The Divisional Panchayat Officer, Kovvur, West Godavari. District. Deputy Director of Fisheries, West Godavari District, Eluru. The Secretary, Peddevam Grampanchayat, Peddevam Village, Tallapudi Mandal, West Godavari District. (1 to 7 by RPAD)
8. One CC to Sri. T V Jaggi Reddy, Advocate [OPUC]
9. Two CCs to GP for Panchayat Raj & Rural Development, High Court of A P. [OUT]
10. Two CCs to GP for Revenue, High Court of A P. [OUT]
11. Two CCs to GP for Fisheries, High Court of A P. [OUT]
12.One spare copy.
MSB
--_ NOOR WN a HIGH COURT DVSS,J DATED:15/12/2020 LIST ON 21.12.2020 IN MOTION LIST ORDER WP.No.23986 of 2020 INTERIM DIRECTION 239 DEC 2028