IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4736 of 2009 Between: 1 L. Nookaraju, S/o. Padalu, Shop No. 15, 2 B. Maleswara Rao, S/o. Surur, Shop No. 17, 3. Shaik Abkar, S/o. Late Yusuf, Shop No. 9, 4. K. Laxmana Rao, S/o. Subbaiah, Shop No. 5, 5. K. Rangamma, W/o. Venkataswamy, Shop No. 2, 6. P. Chintalamma, W/o. Late Eswara Rao, Shop No. 8, 7. G. Appa Rao, S/o. Chandraiah, Shop No. 11, 8. R. Satti Reddy, S/o. Appalareddy, Shop No. 14. 9. G. Chennabraiah, s/o. Late Veeranna, Shop No. 16, 10.M. Sriramamurthy, s/o. Nookaiah, Shop No. 6, 11. K. Venkataramana, S/o. Nookaraju, Shop No. 12, 12. Syed Ahamala Bebi, W/o. Vusale, Shop No. 4, 13. MVB Nageswara Rao, S/o. Sambasivarao, Shop No. 18, 14. K. Chanti, S/o. Pentaiah, Shop No. 1, 15. K. Laxmikantham, W/o. Surayanarayan, Shop No. 10, ( all are doint business at NTR Mini Stadium, Republic Part, Narsipatnam, Visakhapatnam District.) ..... Petitioners AND 1 The District Collector (Panchayat Wing), Visakhapatnam, Visakhapatnam district. 2 The Divisional Panchayat Officer, Narsipatnam, Visakhapatnam District. 3 The Narsipatnam Gram Panchayat, Narsipatnam, Visakhapatnam District. Rep by its Executive Officer .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in conducting public auction for leasing out the shop bearing Nos. 15, 17, 9. 5, 2.8, 11, 14, 16, 6, 12, 4, 18, 1, 10 situated at NTR Mini Stadium, Near Republic park Narsipatnam, through tender Notice No. 23/2009 dt. 28-2-2009 as illegal arbitrary and violative of Art. 19 (g) of the constitution of India and set aside the same and consequently direct the respondent No. 3 to extend the lease period for the shop 15, 17, 9. 5, 2.8, 11, 14, 16, 6, 12, 4, 18, 1, 10 in favour of the petitioner for a period of 3 years commencing from 1-4-2008 to 31-3-2011. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of Sri. V.V.N..NARAYANA RAO, Advocate for the Petitioner and GP for Panchayat Raj for Respondent Nos. 1 and 2 and Sri. M.Prabhakar, Advocate, for Respondent No. 3, the Court made the following: ORDER: Post the writ petition for Judgment on 20.3.2009. In the meanwhile, the proposed auction may go on. It is directed that in case the petitioners emerge as the highest bidders or if they are willing to pay the amount, that is fetched as highest bid, they shall be continued. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The District Collector (Panchayat Wing), Visakhapatnam, Visakhapatnam district. 2 The Divisional Panchayat Officer, Narsipatnam, Visakhapatnam District. 3 The Executive Officer, Narsipatnam Gram Panchayat, Narsipatnam, Visakhapatnam District. (RR 1 to 3 by RPAD) 4. One CC to Sri. V.V.N..NARAYANA RAO, Advocate, (OPUC) 5. Two CCs to GP for Panchayat Raj, High Court of A.P., Hyd. (OUT) 6. One spare copy. JU HIGH COURT LNRJ DT. 6.3.2009 POST THE WRIT PETITION FOR JUDGMENT ON 20.3.2009. ORDER WP NO. 4736/2009 DIRECTION. Drafted by JU Dt. 7.3.2009. HIGH COURT LNRJ DT. 6.3.2009 POST THE WRIT PETITION FOR JUDGMENT ON 20.3.2009. ORDER WP NO. 4736/2009 DIRECTION.