Andhra Pradesh High Court - Amravati
Sri Kedasu Ramesh, vs The State Of Andhra Pradesh on 20 May, 2021
Author: C. Praveen Kumar
Bench: C. Praveen Kumar
[ 2570] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI | (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MAY, TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION NO: 9902 OF 2021 t Between: 1. Sri Kedasu Ramesh, S/o. Muneswara Rao, | . 2. Smt.Kalam Malleswari, W/o: Ratnam Prabhu, . -.3. Smt.Sirra Lakshmi Sita Manohari, W/o. Sri Saniay Raj Kumar, 4. Sri Pilli Rajsekhar, S/o.: Ramadasu, He i Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Municipal . Administration. and Urban. Development Department, Secretariat, Velagapudi _ Guntur District, Andhra Pradesh. i The Sub-Collector, Narsapur, West Godavari District, Andhra Pradesh. The .Narsapur Municipality, Narsapur, West Godavari. District, Rep. by its Commissioner. West Godavari, Andhra Pradesh. ee 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 an appropriate Writ, Order or Direction more particularly one in the nature of Wiit of Mandamus, declaring the action of the respondents in ,cancelling the Public Auction Notice dt. 24.03.2021 for conduct of public auction of newly constructed shop rooms 1 to 12 in ground floor and 13 to 18 on the 1* floor which was constructed in Village Chavadi and Yerramili Narayana Murthy Shopping Complex, Narsapur, West Godavari District, Andhra Pradesh, as illegal, arbitrary and consequently direct the respondents to conduct public auction to above shops.
IA NO: 4 OF 2021
- 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 respondents 2 and 3 herein not to allot the newly constructed shop rooms 1 to 12 in ground floor and 13 to 18 on the 1st floor which was constructed in Village Chavadi and Yerramili Narayana Murthy Shopping Complex, Narsapur, West Godavari District, Andhra Pradesh, without conducting public auction, pending disposal of WP No.9902 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Polisetty Radha Krishna, Advocate for the Petitioners, GP for Municipal administration and Urban Development for Respondent Nos 1 and 2, and Sri M. Manohar Reddy, Standing counsel for Municipal Corporation for Respondent No.3 The Court made the following: ORDER "Heard Sri. Polisetty Radha Krishna, Counsel for the Petitioners. And also heard Sri. M. Manohar Reddy, Standing Counsel, for Respondent No. 1 and 3.
The issue that arises for consideration is, whether the newly constructed shops can be allotted to the Petitioners, or whether any auction has to be held for allotment of the said shops?
The counsel for the Petitioners submits that, though, public auction notice was issued but subsequently, the same was cancelled without assigning any reasons.
Standing Counsel for the Municipality states that, a resolution was passed _ by the Council on 30.04.2021 and the same was forwarded to the Government on 03.05.2021. However, the Government Pleader for Genera! Administration submits that no such letter is received from the Municipality.
Having regard to the above, post the W.P. on O6th July, 2021. Till such time, allotment of shops shall not be finalized." - . DG SD/- E.KAMESHWAR RAQ.~ DEPUTY REGISTRAR ITTRUE COPY!// fy SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Urban Development ) Department, State of A.P., Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
2. The Sub-Collector, Narsapur, West Godavari District, Andhra Pradesh. °
3. The Commissioner, Narsapur Municipality, Narsapur, West Godavari District, West Godavari, Andhra Pradesh. (Addressee Nos 1 to 3 by RPAD)
4. One CC to Sri Polisetty Radha Krishna, Advocate [OPUC]
5. Two CCs to GP for Municipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT]
6. One CC to Sri M. Manohar Reddy, Standing Counsel for Municipal Corporation, (OPUC)
7. One spare copy SP HIGH COURT CPKJ DATED: 20/05/2021 POST THE W.P. ON 06TH JULY, 2021 NOTICE BEFORE ADMISSION WP.No.9902 of 2021 ko y ORS _ OD NeQEspatee \ DIRECTION