Smt. Bonthu Seethamahalaxmi, Vs The State of Andhra Pradesh, rep by its Principal Secretary

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APHC010793012015

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18007/2015

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Between:

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SMT. BONTHU SEETHAMAHALAXMI,, W/O. LATE BONTHU GOPI REDDY, AGED ABOUT 68 YEARS R/O. VENIGANDLA VILLAGE, PEDAKAKANI MANDAL GUNTUR DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT (REVENUE) AP SECRETARIAT, HYDERABAD

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THE COMMISSIONER OF ENDOWMENTS DEPARTMENT, BOGGULAGUNTA, HYDERABAD

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THE ASSISTANT COMMISSIONER OF ENDOWMENTS DEPARTMENT, GUNTUR, GUNTUR DISTRICT

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THE EXECUTIVE OFFICER SRI VENUGOAPALASWAMY TEMPLE, VENIGANDLA VILLAGE, PEDAKAKANI MANDAL GUNTUR DISTRICT

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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 toto issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in issuing public auction on 05.06.2015 with regard to the land of an extent of Ac.4.00 cents in Sy No. 336 situated at Venigandla Village, Pedakakani Mandal, Guntur District, considering the representation of the petitioner dated

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2

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08.06.2015 is pending consideration before the ri respondent as illegal, arbitrary and against the principles of natural justice and set aside the public auction notice dated 05.6.2015 and consequently direct the respondents to consider the petitioner's representation dated 08.06.2015 to treat the petitioner as land less poor person and to allot the land of an extent of Ac.4.00 cents in Sy No. 336 situated at Venigandla Village, Pedakakani Mandal, Guntur District in, favour of the petitioner, in the interest of justice

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IA NO: 1 OF 2015(WPMP 23285 OF 2015

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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 to grant stay of proposed public auction pursuant to notice dated 05.06.2015 issued by the 4th respondent, in so far as the lands of an extent of Ac.4.00 cents in Sy No. 336 situated at Venigandla Village, Pedakakani Mandal, Guntur District, pending disposal of the main writ petition

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Counsel for the Petitioner:

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1.ELEVATED AS JUDGE

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS (AP)

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2.ELEVATED AS JUDGE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 18007/2015

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ORDER:

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None appeared for the petitioner. Heard the learned Standing Counsel for respondent No.4.

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The case of the petitioner herein is that the respondents are trying to conduct a public auction on 05.06.2015 in respect of the land admeasuring to an extent of Ac.4.00 cents in Sy.No.336 situated at Venigandla Village, Pedakakani Mandal, Guntur District without considering the representation dated 08.06.2015 of the petitioner, who is an existing lessee.

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As per the instructions of the respondents, learned Standing Counsel submits that the petitioner became successful bidder in the said auction and he was granted lease hold rights. Thereafter, also the petitioner participated in the auction and became successful bidder for granting lease hold rights. In view of the same, no cause survives for further adjudication in the Writ Petition.

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Admittedly, the public notice for conducting auction was issued on 05.06.2015 in respect of lease hold rights for a period of three years i.e., 2015-2016, 2016-2017 & 2017-2018. The said period was already completed long back. As such, the cause in the Writ Petition becomes infructuous.

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