THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.1352 of 2010 Dated 18th October, 2011 Between: Jami Mohana Rao and others …Petitioners And The Palasa-Kasibugga Municipality, Palasa, Srikakulam District, rep.by its Commissioner …Respondent Counsel for the petitioners: Sri K.Venkat Rao Counsel for respondent: Sri S.Nageswara Reddy The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of the respondent in not allotting and handing over shop rooms to the petitioners in pursuance of auction held vide Rc.No.1065/2007 A1, dated 27.07.2007, and Resolution No.956, dated 28.08.2007, as illegal and arbitrary. The respondent has filed a counter affidavit and also a separate affidavit sworn to on 10.10.2011, wherein it is inter alia stated that petitioner No.1 was allotted shop No.32, petitioner No.2 was allotted shop No.30 and petitioner No.4 was allotted shop No.64. That the Council of the respondent has passed resolution No.533, dated 23.04.2011, agreeing to handover the respective shops to petitioner Nos.1, 2 and 4, subject to their paying the upset price for their respective shops and withdrawing the writ petition. In pursuance of the said resolution, petitioner Nos.1, 2 and 4 have paid the upset price and they were accordingly handed over their respective shops rooms. Insofar as petitioner No.3 is concerned, it is stated that he has so far not come forward to pay the upset price and take over the shop. At the hearing, Sri K.Venkat Rao, learned counsel for the petitioners, submitted that petitioner No.3 is ready and willing to pay the upset price. Accordingly, petitioner No.3 is permitted to pay the upset price and on such payment, the respondent is directed to handover shop No.25 to him. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.Nos.1794 and 1795 of 2010 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 18th October, 2011 VGB