IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 4738 of 2005 Between: Sk.Ali, s/o Lal Mohammed, R/o H.No.3-40/A, Vidyanagar, Khammam X Road, Kodad, Nalgonda District. ..... PETITIONER AND 1 The District Collector (Panchayat Wing) Nalgonda, Nalgonda District. 2 The District Panchayat Officer, Nalgonda, Nalgonda District. 3 The Kodad Gram Panchayat, rep., by its Secretary, Kodad Village & Mandal, Nalgonda 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 writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of the respondents in not conducting the auction of 25 shops of Kodad Gram Panchayat, Kodad Mandal, Nalgonda District, since last 18 years as arbitrary, illegal, unconstitutional and to consequently direct the respondents herein to forthwith issue the notification and to conduct the auction of the said shops in order to avoid further loss to the Gram Panchayat Kodad, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 4738 of 2005 O R D E R: This writ petition is filed seeking a declaration that the alleged action of the respondents in not conducting auction for granting leasehold rights of 25 shops situated in Kodad Grampanchayat, Kodad Mandal for the past many years is arbitrary and illegal. It is the case of the petitioner that the District Collector (Panchayat Wing) by order dated 12-03-2003 directed to lease out the 25 shops in question by way of public auction. It is alleged that in spite of the said directions, the auction has not been conducted on some pretext or the other. Hence, this writ petition. A counter affidavit has been filed by the third respondent-Grama Panchayat stating that in view of the disputes raised by the existing leaseholders, who also approached the Government and obtained interim stay, the auction could not be conducted. Having regard to the facts and circumstances, the writ petition is disposed of leaving it open to the Government to dispose of the proceedings pending on its file following due process of law, if not already disposed of. Thereafter, the third respondent shall take appropriate steps in terms of the decision of the Government. No costs. ______________ G. ROHINI,J Date: 28-11-2008 KLP