THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.11386 of 2004 ORDER: The petitioners, who claim to be the tenants of Shop Nos.1, 2 and 4, Gram Panchayat Complex, Ramavaram Road, Husnabad, filed this writ petition aggrieved by the action of the first respondent, namely, the Executive Officer, Gram Panchayat, Husnabad Village and Mandal, Karimnagar District, in issuing impugned notice, dated 25.06.2004, whereby and whereunder, the petitioners were directed to pay the arrears of rent and vacate their respective shops by 10.07.2004. This Court, while issuing Rule nisi, on 07.07.2004 directed the parties to maintain status quo existing as on that day. In spite of granting sufficient time thereafter, no counter affidavit has been filed so far. However, today, on oral instructions, Sri G.Elisha, the learned Standing Counsel for ZPPS and MPPS, appearing for the respondents has submitted that the petitioners are in possession of the shops in question without paying the rents, thereby causing loss to the exchequer of the Gram Panhayat. Therefore, the first respondent issued the present impugned notice and is intending to conduct auction in respect of the leasehold rights of the shops in question. However, the learned counsel for the petitioners has submitted that the petitioners have paid the arrears of rent till date, in view of the resolution passed by the Gram Panchayat on 26.06.2004 to the effect that if the dues are paid before 04.07.2004, the lease shall be continued by increasing 10% of the lease amount, and therefore, there is no need for conducting auction. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents. Though the petitioners contend that in view of the resolution passed by the Gram Panchayat on 26.06.2004, they are entitled to continue as tenants in respect of the shops in question, the fact remains that as they defaulted in payment of rents, the first respondent has issued the impugned notice directing them to pay the arrears of rent and vacate the shops. It is for the Gram Panchayat to take a decision as to whether auction should be conducted for the leasehold rights of the shops in question or the existing tenants should be continued, and this Court while exercising jurisdiction under Article 226 of the Constitution cannot issue any directions in this regard. Therefore, leaving it open to the Gram Panchayat to take a decision in the matter as regards continuance of the petitioners in respect of the shops in question with increased rents or to conduct auction in respect thereof, the writ petition is disposed of. It is needless to mention, if the Gram Panchayat intends to conduct auction, the petitioners are at liberty to participate in the same. No costs. ___________________ N.V. RAMANA, J. Date:15.04.2010 VGB