THE HON'BLE THE ACTING CHIEF JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1883 of 2005 Dated 13/08/2005 Between: 1 Jammi Raja Srinivas, S/o. Sri Venkoba Rao, R/o. 14-12, Boat Office Street, Dhavaleswram - 533 125, East Godavari District. 2 Mana Jaya Mohan, S/o. Sri Gnana Raju, R/o. 18-30, Cotton Peta, Ramalayam Street, Dhavaleswram - 533 125, East Godavari District. 3 Suvarnagiri Venkata Sobhanachalam, S/o. Sri Venkata Narasimha Rao, R/o. 18-215/5, Agraharam, Dhavaleswram - 533 125, East Godavari District. 4 Matta Venkata Surya Narayana, S/o. Sri Srirama Murthy, R/o. D.No. 16-15/1, Gollapeta, Dhavaleswaram - 533 125, East Godavari District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Irrigation and Commond Area Development Department, A.P. Secretariat, Hyderabad. 2 Engineer-in-Chief (Irrigation), The Government of Andhra Pradesh, Hyderabad. 3 The District Collector, East Godavari District, Kakinada. 4 The Superintending Engineer, Irrigation Circle, Dhavaleswaram, East Godavari District. 5 B.G.S.S. Chakravarthy, S/o. Sri B. Rama Rao, R/o. H.No. 79-22-9, Mallina Nagar, J.N. Road, Rajahmundry, East Godavari District. THE HON'BLE THE ACTING CHIEF JUSTICE BILAL NAZKI and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1883 of 2005 Oral Order: (Per Hon’ble Sri Bilal Nazki, ACJ) Heard learned counsel for the parties. Though interlocutory applications are listed for hearing, with the consent of the learned counsel for the parties, the writ petition itself is taken up for disposal. In this writ petition, G.O.Rt.No.1737 dated 10.12.2004 has been challenged. The relevant portion of the G.O. reads as under: “In the circumstances reported by the Engineer-in-chief (irrigation), Hyderabad in the reference 3rd read above Government after careful examination of the matter hereby accord permission to lease out the Government vacant land to an extent of 50 M x 40 M site (as per rough sketch enclosed) in R.S.No.158 of Dowlaiswaram (v) belonging to Irrigation Department to Sri B.G.S.S.Chakravarthi, Mallinagar, Rajahmundry to establish a retail outlet of HSD/petrol with other attendant facilities to be provided to the customers fro a period of 30 years on lease basis as there is no filling station at this place and the vehicles have to go all the way to Vemagiri or Rajahmundry.” The learned counsel for the petitioner submits that the order, ex facie, is arbitrary and without inviting any applications they picked up a person i.e. Respondent No.5 and allotted the land to him. Government lands cannot be allotted in such a fashion. The learned counsel for respondent No.5 submits that as an unemployed Engineer, he had approached the Hindustan Petroleum Corporation Limited who had issued a letter of intent to him and then he had applied for lease of the land. Be that as it may, that would not entitle the petitioner to get the land on lease for 30 years in such an arbitrary manner. Therefore, we quash the G.O.Rt.No.1737 dated 10.12.2004 and in case if the respondent-State wants to allot this piece of land for establishment of a petroleum bunk, they may do so by public auction or by calling tenders. The writ petition is accordingly disposed of. No costs. ___________________ 13..09..2005 msv