IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.23063 of 2008 Between: 1. V.Venkata Ramanaiah, S/o.Naraiah, 31 years, R/o.Kaligiri Village & Mandal, Sri Potti Sriramulu Nellore District. 2. P.Manjan, S/o.Venkaiah, 50 years, R/o.Kaligiri Village & Mandal, Sri Potti Sriramulu Nellore District. 3. P.Ravibabu, S/o.Balavemayya, 38 years, R/o.Kaligiri Village & Mandal, Sri Potti Sriramulu Nellore District. 4. Shaik Rasool, S/o.Hussain Saheb, 49 years, R/o.Kaligiri Village & Mandal, Sri Potti Sriramulu Nellore District. 5. K.ravindranath Reddy, S/o.Sesha Reddy, 37 years, R/o.Kaligiri Village & Mandal, Sri Potti Sriramulu Nellore District. ...PETITIONERS AND 1. The Kaligiri Gram Panchayat, Rep.by its Panchayat Secretary, Kaligiri, Sri Potti Sriramulu Nellore District. 2. The Sarpanch, Kaligiri Gram Panchayat, Kaligiri, Sri Potti Sriramulu Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing impugned notices dated 25.09.2008 to all the petitioners herein demanding to vacate the shops i.e., 15 to 18 and 14 at Rajiv Vegetable Market even though they are in occupation of the shops for the past several years and further action of the respondents in conducting auction on 10.10.2008 including petitioner shops i.e., 15 to 18 and 14 also as illegal, arbitrary violative of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the auction dated 10.10.2008 conducted by the respondents by setting aside the aforesaid impugned orders dated 25.09.2008 issued by the respondents. Counsel for the Petitioners: MR.G.VENKATA REDDY Counsel for the Respondents: CH.VEDAVANI (SC FOR MPP AND ZPP, RAYALASEEMA) The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.23063 of 2008 ORDER: The petitioners are lessees in respect of shops owned by the Gram Panchayat, Kaligiri village-the ﬁrst respondent herein. The ﬁrst respondent issued notice dated 25.09.2008, requiring the petitioners to vacate the premises and to pay the arrears of rent. The petitioners state that in an open land belonging to the Gram Panchayat, they have been conducting petty business for the past twenty-ﬁve {25} years and in the recent past, with the permission granted by the Gram Panchayat, they constructed shops with their own expenditure. It is stated that an oral permission was granted to them to continue in the premises, till the expenditure incurred for construction is adjusted. They assail the notice dated 25.09.2008. Ms.Ch.Vedavani, learned Standing Counsel for the respondents, obtained instructions at the stage of admission. She submits that the petitioners did not pay the rents for the past several years and that auction of leasehold rights was conducted on 10.10.2008. It is stated that substantial amounts are oﬀered and that the same would help the Gram Panchayat to augment its resources. The petitioners are not able to point out that they hold any valid lease either as of now or for a subsequent period. The arrangements pleaded by them are oral in nature. Further, the auction came to be conducted in view of the observation made by this Court in Writ Petition No.20517 of 2005. Conducting public auction is one of the recognized modes of granting lease. The petitioners are not able to point out any factual or legal defect in the matter. Therefore, this Court is not inclined to interfere with the auction that was already held. Learned counsel for the petitioners submits that his clients may be given reasonable time for eviction. Learned Standing Counsel opposes this request. The Writ Petition is disposed of directing that the petitioners shall be permitted to remain in possession of the premises till 31.12.2008, subject to the condition that they shall pay half of the arrears by 10.11.2008 and the remaining half by 10.12.2008. In default of payment of the amounts as mentioned above, the respondents are entitled to resume possession, without necessity of initiating any further proceedings. _____________________ (L.NARASIMHA REDDY, J) 22nd October 2008 RRB