Writ petition challenging a municipal auction notice for allotted shops at a Tirupati shopping complex. Respondent submitted the auction was not conducted and the complex was handed over to Daminedu Gram Panchayat. Recording this, the High Court closed the petition without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
<<
O
WEDNESDAY. THE TWENTY FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR 3
PRESENT
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 33605 OF 2012
Between:
St (Petitioner No.3 is brought on record as Lr of deceased 1 petitioner as per C.O. dt. 20-2-17 in WPMP 54643/16) ...PETITIONERS AND
The Tirupati Municipal Corporation, Rep. by it’s Commissioner, Tirupati, Chittoor District.
...RESPONDENT
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent Municipal Corporation without considering the proceedings i.e., R.O.C.NO.4441/2009/G1 dt:17.08.2009 and R.O,C.No.2636/09/1.H.S.D.P/ATO dt:14.09.2009 issued by Commissioner, Tirupati Municipal Corporation proposing to conduct auction to the Petitioners allotted shops i.e. Block No.24, unit No.F3 Western Site Shopping complex (one shop) and Block No.42, unit No.F5 Eastern Site Shopping complex (one shop) at Daminedu Municipal Shopping Complex, Tirupati is illegal, arbitrary and violation of Articles 19 & 21 of the
Constitution of India and violative of principles of natural justice and consequently set aside the Notice i.e., R.O.C.No.3451/12/A1dt:03.10.2012 of the Commissioner Tirupati Municipal Corporation, Tirupati in respect of shops i.e., Block No.24, unit No.F3 Western Site Shopping complex (one shop) and Block No.42, unit No.F5 Eastern Site Shopping complex (one shop) of Daminedu Municipal Shopping Complex, Tirupati. I.A. NO: 1 OF 2012(WPMP. NO: 42742 OF 2012) Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of all further proceedings including confirmation of auction in respect of Petitioners shops i.e., Block No.24, unit No.F3 Western Site Shopping complex (one shop) and Block No.42, unit No.F5 Eastern Site Shopping complex (one shop) at Daminedu, Tirupati consequent to the notice R.O.C.No.3451/12/A1 dt:03.10.2012 issued by the Commissioner, Municipal Corporation, Tirupati, pending disposal of the above writ petition, in the interest of justice.
Counsel for the Petitioners : SRI O. UDAYA KUMAR
Counsel for the Respondent: SRI ANAND SURYA FOR SRI KALAVA SURESH KUMAR REDDY, SC FOR MC RAYAL REGION, NELLORE
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.33605 of 2012
V.Subhas Chandra Bose (died), Petty Business, R/o 19-4-148/11, Obulesu Colony, Tirupati,Chittoor District and two others.
...Petitioners
Versus
The Tirupati Municipal Corporation, Rep. by its Commissioner, Tirupati, Chittoor District.
...Respondent
Counsel for the petitioner : Sri O. Udaya Kumar ; Sri K. Suresh Kumar Counsel for respondent Reddy
ORDER
The above writ petition is filed assailing the auction
notice published vide R.O.C.N0.3451/12/A1 dated 03.10.2012 as illegal and arbitrary.
- Heard Sri O. Udaya Kumar, learned counsel for the learned counsel petitioners and Sri Anand Surya, representing Sri K. Suresh Kumar Reddy, learned standing counsel appearing for the respondent.
{
Page 2 of 3
SRS, J W.P.NO.3360S of 2012
- Learned counsel appearing for the respondent would submit that pursuant to the auction notice, impugnedinthe writ petition, auction was not conducted. He also would submit that the shopping complex was handed over to Daminedu Gram panchayat and the Corporation is nothingto do with the shopping complex.
- In view of the instructions of learned counsel appearing for the Corporation that the auction was not conducted by the Corporation and in fact, the shopping complex was handed over to Daminedu Gram Panchayat and the same is recorded and hence no further orders are required inthiswrit petition.
As a sequel, pending miscellaneous petitions, if any,
shall stand dismissed.
Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTI OFFICER
To,
*' V
HIGH COURT
DATED:21/02/2024
ORDER
WP.No.33605 of 2012
oY,
2 0 NOV 2m
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V^' . Current section ^
CLOSING THE W.P. WITHOUT COSTS
3 provisions across 2 enactments
V.Subhas Chandra Bose (died) per Lr 3
V. Narasamma
The Tirupati Municipal Corporation, Rep. by its Commissioner
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
