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VENKATESWARLU NIMMAGADDA
K. Samba Siva Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Since the point involved in these two writ petitions is one and the same, I deem it appropriate to dispose of these two writ petitions by way of this common order.
2. W.P.No.25089 of 2021 is filed to declare the action of the 6th respondent in issuing the proceedings dated 23.09.2021 directing the 8th respondent-Grampanchayat to send proposals to lease out the tanks situated in the Grampanchayat to Sri Adarsha Harijana Fishermen Co-operative Society Limited (for short ‘the Society’), 9th respondent, as illegal and arbitrary and contrary to his own proceedings in memo dated 28.05.2021, and consequently, to direct the official respondents to conduct public auction for the grant of leasehold rights of the Grampanchayat tanks.
3. The case of the petitioners is that they are the residents of the 8th respondent-Grampanchayat. There are ten tanks in the jurisdiction of the Grampanchayat and the income derived from those tanks is the major source of the Grampanchayat. As per G.O.Ms.No.343 dated 10.04.1978 and G.O.Rt.No.546 dated 25.03.1999, the Grampanchayat has been granting leasehold rights of the tanks in favour of the Society. But, contrary to the conditions of the lease, the Soci
Point of Law : Special Officer is empowered to conduct auction to the leasehold rights of the shops of the Gram Panchayat in the interest of it’s revenue in exercise of powers vested under Section 14....
The cancellation of an allotment of land by a Grampanchayat without following the due process under the A.P. Panchayat Raj Act, 1994 is invalid. The Grampanchayat is obligated to consider representat....
If the impugned auction is not interfered with, it would amount to upholding partial auction and permitting perpetuation of illegality, which would be contrary to the Act and the Rules.
The Panchayat Samiti has the authority to manage ferry ghats through e-auction, overriding claims based on the Land and Land Reforms Manual, ensuring transparency and preventing monopolistic practice....
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