Medikonda Subba Rao Vs The State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, GUNTUR, GUNTUR DISTRICT.

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SRI SOMESWARA SWAMY DEVASTANAM, VELLATURU VILLAGE, BOLLAPALLI MANDAL, GUNTUR DISTRICT, REP. BY ITS EXECUTIVE OFFICER.

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...RESPONDENT(S):

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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 Writ of Mandamus declaring the highhanded action of the 3rd respondent in issuing the common auction notification dated 26-05-2021 for conducting auction on 21-062021 for leasehold rights of the lands admeasuring Ac. 2.50 Cents and Ac.2.50 Cents in S.No.437, situated at Vellaturu Village, Bollapalli Mandal, Guntur District under possession of the each petitioners for a period of three years from 2021-2022 to 2023-24, as bad, illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India

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and consequently set aside the above auction notification dated 26-052021 by extending the lease of the petitioners for a further period of three years due to the second wave of COVID-19 pandemic to meet the ends of justice.

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Counsel for the Petitioner(S):

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1.GADE VENKATESWARA RAO

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Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS

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The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.11091 of 2021

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ORDER:-

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The present Writ Petition is filed to declare the action of the 3^rd respondent in issuing the common auction notification dated 26.05.2021 for conducting auction on 21.06.2021 for leasehold rights of the lands admeasuring Acs.2.50 cents and Acs.2.50 cents in Sy.No.437, situated at Vellaturu Village, Bollapalli Mandal, Guntur District under possession of each petitioners for a period of three years from 2021-2022 to 2023-2024, as bad, illegal, arbitrary and violation of Articles 14 & 21 of the Constitution of India and consequently set aside the above auction notification dated 26.05.2021 by extending the lease of the petitioners for a further period of three years due to the second wave of COVID-19 pandemic.

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On perusal of the proceedings sheet dated 24.08.2021, this Court came to know that the petitioners’ counsel was passed away. Despite the same, this Court is inclined to dispose of the Writ Petition on the ground that earlier, the petitioners herein previously filed W.P.No.10916 of 2021 and the same was disposed of vide order dated 03.08.2021. A Co-ordinate Bench of this Court disposed a Writ Petition as there are no grounds to interfere with the auction made by the 3^rd respondent therein for the very same subject property and, inter

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alia , it is observed that the petitioners did not make out any case for interference by this Court as neither the hardship faced by the petitioners nor the pendency of the representation of the petitioners before the 3^rd respondent can be a ground to stall the auction of the leasehold rights of the said land. The ground raised in the present Writ Petition is that the petitioners are put to irreparable loss and injury as they don’t have any other lands to cultivate and they are eking out their livelihood by cultivating the said land. Sympathy is not a ground for allowing the Writ Petition. As the petitioners have not made out any case, the present Writ Petition is liable to be dismissed in terms of the order dated 03.08.2021 in W.P.No.10916 of 2021.

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3. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

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As a sequel thereto, interlocutory applications pending if any, shall stand closed.

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___________________________________ JUSTICE TARLADA RAJASEKHAR RAO

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Date: 15.06.2026

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siva

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