ELISETTI YADAGIRI Vs. DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE

JUDGEMENT

(1.) THESE two writ petitions are filed assailing the proceedings in file No. B3/1660/2005 dated 27. 5. 2005 issued by first respondent, namely, the district Collector, Mahabubnagar, and the consequential notices in file No. A/161/2005 dated 2. 6. 2005 issued by second respondent, namely, the Mandal Parishad Development officer (MPDO), Mahabubnagar, directing the petitioners to vacate the premises in their occupation within three days from the date of receipt of said notices. As the contentions raised are similar, this common order shall dispose of both the writ petitions.

(2.) THE Mandal Parishad, Achampet, constructed a shopping complex with thirty-seven shops in its office premises. Out of these shops, in 2003, ten shops were put to auction on lease and again sometime later some other shops wee put to auction. The petitioners in these two writ petitions became successful bidders and they were inducted as lessees in accordance with the acquisition and Transfer of Property by gram Panchayats, Mandal Parishads and zilla Parishads Rules, 2001 (the Rules, for brevity ). These rules were promulgated in G. O. Ms. No. 215, Panchayat Raj and rural Development (Pts. III) dated 25. 6. 2001. The petitioners allege that as per the terms of the lease, they paid security deposit and are regularly depositing the monthly rentals with Mandal Parishad. Their lease is allegedly valid upto 1. 8. 2009.

(3.) IT appears that the local M. L. A. addressed a letter dated 1. 10. 2004 to the hon'ble Minister for Panchayat Raj alleging irregularities in leasing out the shops in the shopping complex at Achampet to various persons. Having considered the same, the Government issued a Memo no. 4075/pts. III/2005 dated 6. 5. 2005 informing their decision to cancel allotment of shops in the shopping complex at achampet and to re-allot the shops after conducting fresh auction by giving paper notification. In response thereto first respondent issued impugned proceedings dated 27. 5. 2005 cancelling the allotment of shops and instructing MPDO to re-allot the shops by conducting fresh auction after giving paper notification in accordance with the rules. In obedience thereto MPDO issued the consequential notices dated 2. 6. 2005.