Sivakoti Ratna Kumari Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sivakoti Ratna Kumari Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to file a fresh writ petition; no order as to costs; all pending miscellaneous applications closed as a sequel.

Issue for consideration

Whether the action of the 3rd Respondent in issuing notice vide R.C. No.C2/444/2023 dated 22.08.2024 refusing to accept postdated cheques totalling Rs. 70,55,928/- towards the second year lease amount, insisting on cash payment and threatening blacklisting despite the representation dated 05.08.2024, is illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India. (Framed in the petition; not adjudicated, as the writ petition was withdrawn.)

Ratio / Principle

Permission is accorded to the learned counsel for the petitioners to withdraw the writ petition with liberty to file a fresh writ petition.

Key takeaways

The Writ Petition is dismissed as withdrawn.ratio¶44
The withdrawal carries the liberty as prayed for, and there shall be no order as to costs.ratio¶45
As a sequel, all pending miscellaneous applications shall stand closed.ratio¶46

Detailed headnote1 paragraphs

Writ Petition No. 20918 of 2025 (High Court of Andhra Pradesh at Amaravati, Special Original Jurisdiction; Justice Kiranmayee Mandava; decided 11.08.2025): Eleven cultivators of Thondangi Village Mandal, Kakinada District filed a writ petition under Article 226 of the Constitution challenging the notice vide R.C. No.C2/444/2023 dated 22.08.2024 issued by the Deputy Commissioner, Endowments Department, Kakinada (3rd Respondent) refusing to accept four postdated cheques (Nos. 000009, 000010, 0000,11 and 000012) totalling Rs. 70,55,928/- towards four quarters of the second year lease amount for running a dormitory and restaurant at CRO Upstairs/TFC Building, 1st Floor, Sri Bramaramba Mallikarjuna Swamy Temple, Srisailam, demanding payment in cash at one go and threatening blacklisting despite the petitioners' representation dated 05.08.2024, alleging violation of Articles 14, 19, 21 and 300-A. IA No. 1 of 2025 under Section 151 CPC sought a stay of the consequential approval etc. of auction Notification dated 09.07.2025 for the public auction held from 14.07.2025 to 19.07.2025 insofar as the petitioners were concerned. Before any adjudication, learned counsel Sri Tata Singaiah Goud sought and obtained permission to withdraw the writ petition with liberty to file a fresh writ petition; the writ petition was dismissed as withdrawn with liberty as prayed, with no order as to costs, and all pending miscellaneous applications stood closed as a sequel. No merits finding was rendered.

[3458]

APHC010398752025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20918/2025

Between:

SIVAKOTI RATNA KUMARI, W/O PRAKASARAO, AGED ABOUT 64YEARES, OCC CULTIVATION, D.NO 7-175, SC COLNEY, THONDANGI VILLAGE MANDAL KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

S. VIJAY, S/O PRAKASARAO, AGED ABOUT 54YEARES, OCC CULTIVATION, D.NO 7-177, SC COLNEY, THONDANGI VILLAGE MANDAL KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

N. SURYANARAYANA, S/O SATHIRAJU, AGED ABOUT 54 YEARES, OCC CULTIVATION, D.NO 6-146, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

N. CHINA MUSALAIAH, S/O THALUPULAIAH, AGED ABOUT 64YEARES, OCC CULTIVATION, D.NO 7-27, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

L. PRAKASH, S/O CHAKARAVARTHI, AGED ABOUT 49YEARES, OCC CULTIVATION, D.NO 7-134, SC COLNEY, THONDANGI VILLAGE MANDAL KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

T.RAJA BABU, S/O CHINA GADDIYYA, AGED ABOUT 54YEARES, OCC CULTIVATION, D.NO 6-92, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST

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GODAVARI DISTRICT).

N.VEERA PRASADARAO, S/O CHINNA NOOKARAJU, AGED ABOUT 44YEARES, OCC CULTIVATION, D.NO 7-196, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

P. SURYANARAYANA, . S/O CHINNARAO AGED ABOUT 54YEARES, OCC CULTIVATION, D.NO 7-34, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

CH. JEEVARATNAM, S/O MAHALAKAHMI, AGED ABOUT 54YEARES, OCC CULTIVATION, D.NO 7-195, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

G. SATHYANARAYANA, S/O JOGIRAJULU, AGED ABOUT 46 YEARES, OCC CULTIVATION, D.NO 7-70, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

K. PAPARAO, S/O MULASWAMI AGED ABOUT 41 YEARES, OCCCULTIVATION, D.NO 7-55, SC COLNEY, THONDANGI VILLAGE MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT).

...PETITIONER(S)

AND

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO ENDOWMENT (REVENUE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT

THE COMMISSIONER FOR ENDOWMENT DEPARTMENT, GOVERNMENT OF ANDHRAPRADESH, GOLLAPUDI, VIJAYAWADA, NTR DIS

THE DEPUTY COMMISSIONER, ENDOWMENTDEPARTMENT, KAKINADA, KAKINADA DISTRICT.

THE DISTRICT ENDOWMENT OFFICER, ENDOWMENT

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DEPARTMENT, KAKINADA, KAKINADA DISTRICT.

SRI SAMSTANAM CHOULTRY, REPRESENTED BY ITS EXECUTIVE OFFICER, PITAPURAM TOWN AND MANDAL, KAKINADA DISTRICT.

...RESPONDENT(S):

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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of 3 rd Respondent in issuing the Impugned Notice vide R.C. No.C2/444/2023 dated 22.08.2024 for not accepting Postdated cheque Nos,1). 000009 dated 30.08.2024 for Rs 10,00,000.00, 2). 000010 for Rs 20,000,00.00, 3). 0000,11 for Rs 20,000,00.00, and 4) 000012 for Rs 20,55,928.00 total come to an amount for an amount of Rs 70,55,928.00 (Seventy Laches Fifty five thousands and nine twenty eighty only) for four quarters of second year lease amount towards running dormitory and Restaurant at CRO Upstairs, / TFC Building, I st Floor, situated at Sri Bramaramba Mallikarjuna Swamy Temple, Srisylam Village Mandal, Kamool District. And also directed to pay the total amount of Rs.70,55,928.00 ( Seventy Laches Fifty five thousands and nine twenty eighty only) In terms of cash at one go, or other wise to keep the petitioner name in datedthe blacklist without considering the petitioner representation 05.08.2024 to accept postdated cheque for Rs 70,55,928.00 ( Seventy Laches Fifty five thousands and nine twenty eighty only) is being illegal, arbitrary and in violation of Article 14,19,21 and 300-A of the Constitution of India and consequently directed the 3 rd respondent to STAY of operation of Notice vide R.C. No.C2/444/2023 dated 22.08.2024 issued by 3 rd Respondent by considering the representation of petitioner dated 05.08.2024 and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased leased to directing the 5th Respondent to STAY of operation of consequential approval etc., of auction Notification dated 09.07.2025 for the public auction held from 14.07.2025 to 19.07.2025 in so for as petitioners are concerned by considering the representation of petitioners dated 19.07.2025 pending disposal of the writ petition and pass

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Counsel for the Petitioner(S):

1.TATA SINGAIAH GOUD

Counsel for the Respondent(S):

1.GP FOR REVENUE

The Court made the following:

ORDER:

Sri Tata Singaiah Goud, learned counsel for the petitioners seeks permission of the Court to withdraw the writ petition with liberty to file a fresh writ petition.

2. Permission is accorded.

Accordingly, the Writ Petition is dismissed as withdrawn with a

liberty as prayed. There shall be no order as to costs.

As a sequel, all pending miscellaneous applications shall stand closed.

______________________________ JUSTICE KIRANMAYEE MANDAVA

Date: 11.08.2025 TVN

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27

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

WRIT PETITION NO: 20918 of 2025

Date: 11.08.2025 TVN