IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19580 of 2007 Between: 1 Ch.Subbarami Redy S/o.Venkata Subba Reddy 2 Syed Sazahar S/o.Khaza Rahamthullah 3 Syed Haneef Saheb S/o.Khozamia 4 T.Talithamma W/o.Gopal 5 Smt.Syed Khadirjam W/o.Late Khasim Saheb 6 I.Srinivasulu Reddy S/o.Rami Reddy 7 M.Venkata Subbaiah S/o.Kondaiah All Petitioner are R/o. Atmakuru village and Mandal, Nellore District. ..... PETITIONER(S) AND 1 The District Collector (Panchayat Wing) Nellore District, at Nellore. 2 The District Panchayat Officer, Nellore District, at Nellore. 3 The Atmakur Gram Panchayat, rep. by its Panchayat Secretary, Atmakur, Atmakur Mandal, Nellore District. .....RESPONDENT(S) 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 to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring auction notiﬁcation of the 3rd Respondent in R.O.C.No.31/2007, dated 04.09.2007 as illegal, arbitrary and consequently set aside the same to pass such other order or orders. Counsel for the Petitioner:MR.SRINIVAS DAMMALAPATI Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19580 of 2007 ORDER: The petitioners were granted lease over the open space belonging to Gram Panchayt way back in the year 1996. It is stated that the petitioners have put up temporary structures and are undertaking business of diﬀerent categories. It is also stated that the lease was being extended from time to time up to 31.03.2006 and much before the expiry of that, the Gram Panchayat passed a resolution, recommending the extension of lease up to 31.03.2009. The 1st respondent is said to have accorded permission for extension of lease only by one year. The grievance of the petitioners is that the extension ought to have been granted up to 2009. The Gram Panchayat ﬁled a counter aﬃdavit, opposing the writ petition. It is stated that though the recommendation was made by the Gram Panchayat, ultimately it is for the 1st respondent to take a ﬁnal decision, in this regard. It is also stated that the revenues of the Gram Panchayat would also improve, if the leasehold rights are put to auction. Heard Sri Srinivas, learned counsel for the petitioners, learned Government pleader for Panchayat Raj and Ms.Vedavani, learned Standing Counsel for the Gram Panchayat. The exact manner, in which, the petitioners were inducted into the possession of the property of the Gram Panchayt, is not immediately before this Court. There is no written order or direction, enabling the petitioners to raise any structures. Be that as it may, the Gram Panchayat granted lease and has been extending it, from time to time. Obviously because Gram Panchayat was not competent to extend the lease beyond 31.03.2006, it passed a resolution and forwarded the same to the 1st respondent for approval. The latter, in turn, felt it appropriate to extend the lease only by one year and even that had expired. The petitioners are not able to cite any provision of law or place any order passed by any authority, which enables them to remain as lessees. Further, it is stated that some of the petitioners have not cleared the arrears. The recognized method of granting leasehold rights of the properties held by the Gram Panchayat is by conducting auction, once in every three years. This Court is not inclined to interfere with the steps taken by the Gram Panchayat, to put the leasehold rights of the premises/lands, in question, to auction. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 23.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19580 of 2007 Date: 23.09.2008 JSU