Telangana High Court
WP/24504/2004 of Donkala Krishnaiah, Vs The District Collector (Pt. Wing), on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24504 of 2004 Between: Donkala Krishnaiah, S/o. China Subba Naidu, R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 24504 of 2004
Between: Donkala Krishnaiah, S/o. China Subba Naidu, R/o. Pullaneellapalli (Vill), Chejerla Mandal, Nellore District.
AND
..... PETITIONER
1 The District Collector (Pt. Wing), Nellore.2 The District Panchayat Officer, Nellore District, Nellore.3 The Divisional Panchayat Officer, Nellore District, Nellore.4 The Extension Officer (PR & RD), Mandal Parishad, Chejerla, Nellore District. 5 Pelleru Gram Panchayat, Rep. by its Secretary, Pelleru Villge, Chejerla Mandal, Nellore District. 6 Nalubolu Narasappa Naidu, S/o. Masthan Naidu, R/o. Pelleru (Village), Chejerla Mandal, Nellore District......RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, order or direction more particularly one in the nature of WRIT OFMANDAMUS under Article 226 of the Constitution of India, declaring the action ofthe Divisional Panchayat Officer, Nellore, Nellore District in issuing the notice inROC.No.462/2004-A dated 18-12-2004, wherein the auction dated 11-11-2004conducted by the Pelleru Gram Panchayat, Chejerla Mandal Nellore District forselling Japan Babul Trees (Kampa Karra Tree) is stayed, is arbitrary, illegal, withoutjurisdiction, in violation of principles of natural justice and consequently set asidethe said notice of the Divisional Panchyat Officer, Nellore, Nellore Ditrict, inROC.No. 462/2004-A dated 18-12-2004.Counsel for the Petitioner: MR.CH.CKRISHNA REDDY
The Court at the stage of admission made the following :
HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.24504 OF 2004
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ORDER:
This writ petition is directed against the order of the third respondent dated18.12.2004 in Roc.No.462/2004-A wherein the auction dated 11.11.2004 conductedby the Pelleru Gram Panchayat, Chejerla Mandal is stayed.
The facts, in brief, are that in a public auction conducted on 11.11.2004 by thePelleru Gram panchayat with regard to sale of Japan Babul Trees, the petitionerbecame highest bidder for the bid amount of Rs.1,81,000/-. The said auction wasconfirmed by the 4[th] and 5[th] respondents and the petitioner paid Rs.90,500/- eachon 11.11.2004 and 20.11.2004 respectively and an agreement was also entered intoby the Pelleru Grampanchayat-5[th] respondent to the effect that he is entitled to cutthe trees up to 30.6.2005.
It is the further case of the petitioner that on a complaint that the trees wereundervalued and the same will fetch Rs.5,00,000/-, the third respondent-DivisionalPanchayat Officer stayed the auction held on 11.11.2004, wherein the petitioner wasthe highest bidder, and the petitioner was prohibited from cutting and transportingthe trees. It is also stated in the impugned order that steps will be taken to conductfresh auction.
It is the case of the petitioner that the auction was conducted only after fixing of upsetprice at Rs.1,50,000/- by the third respondent-Divisional Panchayat Officer and thesaid auction was confirmed by the fourth respondent-Extension Officer. Thegrievance of the petitioner is that he has deposited the entire bid amount of Rs.1,81,000/- and that he has already cut 60% of the trees by incurring expenditureand that at this stage respondents cannot take steps for conducting auction afresh.
When, admittedly, there is an offer for an amount of Rs.5,00,000/-, which is muchmore than the bid amount deposited by the petitioner and when there is a complaintof under valuation of the trees, the Panchayat has certainly a right to conduct auctionafresh for fetching more revenue. Apart from that, it is submitted on behalf of therespondents that on 6.1.2005 they are going to conduct a fresh auction. In view ofthe allegation that the trees were undervalued, which is affecting the revenues of thePanchayat, the impugned notice of the third respondent dated 18-12-2004 stayingthe auction dated 11-11-2004 which was knocked down in favour of the petitionercannot be said to be illegal and arbitrary.
In the above view of the matter, the writ petition is disposed of with the observationthat the petitioner is at liberty to participate in the auction, stated to be conducted bythe respondents on 06.01.2005 with respect to Japan Babul Trees. The expenditureincurred, if any, by the petitioner in cutting the trees in pursuance of the earlierallotment made to him, shall be reimbursed by the fifth respondent-PelleruGrampanchayat.
31.12.2004.
mdaa.
Copy to:
1 The District Collector (Pt. Wing), Nellore.
2 The District Panchayat Officer, Nellore District, Nellore.
3 The Divisional Panchayat Officer, Nellore District, Nellore.
4 The Extension Officer (PR & RD), Mandal Parishad, Chejerla, Nellore District. Nellore District.
5 Pelleru Gram Panchayat, Rep. by its Secretary, Pelleru Villge,Mandal, Nellore District.
6. Two C.Cs to G.P.for Revenue, High Court of A.P., Hyderabad.(out)
7. Two C.D.copies.