Midde Nagendra Rao, v. The State Of Andhra Pradesh

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.415 of 2015 Dt:03.06.2015 Between:

Midde Nagendra Rao and others.

... Petitioners And The State of Telangana, rep., by its Principal Secretary (Panchayat Raj), Secretariat Buildings, Hyderabad and others. ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.415 of 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) This writ appeal is directed against the order, dated 15.04.2015, in W.P.No.10624 of 2015. In the writ petition, the appellants sought to challenge

the Memo dated 04.03.2015 issued by respondent No.3 and prayed for allowing them to continue as tenants of the shops in their possession in the shopping complex of respondent No.5-Grampanchayat.

We have heard learned counsel for the parties for some time and in the course of hearing, leaned counsel for the parties have consented for the following order and fairly stated that we need not record reasons for disposing of the appeal in terms thereof:

"The appellants are allowed to remain in possession of the shops in their occupation at the increased rent, as per the Resolution No.90, dated 07.01.2015, passed by respondent No.5-Gram Panchayat. The appellants are directed to file undertakings in this Court within a period of four weeks from today stating that they shall vacate the shops in their occupation on or before 06.01.2016, if the shops in their possession are not allotted to them in the auction that will be conducted by respondent No.5-Gram Panchayat. If the appellants fail to file undertakings, as aforementioned, it would be open to the concerned authorities to take appropriate action against them and also hold auction as per the impugned Memo, dated 04.03.2015. If the undertakings are filed, respondent No.

5-Gram Panchayat shall conduct auction as per the directions of the District Panchayat Officer, West Godavari, on or before 06.01.2016 to enable them to put the highest bidders in possession of the shop premises on or after 08.01.2016. It is open to the appellants to participate in the auction and if all or anyone of them are declared as highest bidders, they may be allowed to continue, as aforementioned, in possession of the shops in their occupation."

With these observations, the writ appeal is disposed of. Consequently, miscellaneous petitions, if any, also stand disposed of. _________________________

DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Dt:03.06.2015 kdl/Es