IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 14045 of 2002 Between: Chintha Tirupathi Rao S/o. Narasimha Swamy R/o 18-145, Main Road Dowelswaram, East Godavari District. ..... PETITIONER AND 1 The Chairman Zilla Parishad The Chairman Zilla Parishad Kakinada, East Godavari District. 2 The Chief Executive Officer Zilla Parishad, Kakinada, East Godavari Dist 3 The Revenue Officer Zilla Parishad Kakinada, East Godavari Dist. ...RESPONDENTS Counsel for the Petitioner:Mrs P.Vijayalakshmi for Smt.N.Shoba Counsel for the Respondents: None appeared The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in not conﬁrming auction in favour of the petitioner held in pursuance of notiﬁcation dated 11-06-2002 for granting leasehold rights in respect of Acs.22.30 cents in Survey No.204 of Vemagiri Village, Kakinada Mandal as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to confirm the auction held on 12-06-2002. A perusal of the record shows that auction of leasehold rights was held in pursuance of notice dated 11-06-2002 for a period of three years from 2002-2005. As the proposed lease period has already expired, no relief can be granted to the petitioner in this writ petition. However, at the hearing, learned counsel for the petitioner submitted that the bid amounts deposited by the petitioner are still lying with the Zilla Parishad, Kakinada, East Godavari District. Ordinarily, if the tenders become abortive in view of eﬄux of time, the tenderer who deposits the amounts in pursuance of the tender notiﬁcation is entitled to the refund of the same unless valid reasons exist for not returning such deposits. The Zilla Parishad, Kakinada, East Godavari District shall, therefore, consider refund of deposits said to have been made by the petitioner and if there is no legally sustainable objection for such refund, the amount shall be refunded to the petitioner. If, on the other hand, the Zilla Parishad ﬁnds valid objections for refund of the amount, it shall pass a reasoned order and communicate the same to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. Subject to the above observations, the writ petition is dismissed. C.V.NAGARJUNA REDDY, J Dated 5th November, 2008 vrn