THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30243 OF 2011 Date: 15th November, 2011 Between: G.Uma Devi …..Petitioner AND The Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Lower Tank Bund, Hyderabad and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30243 OF 2011 ORDER:- This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents 1 and 2 in violating the terms of auction vide proceedings bearing LR No.603/TC5/GHMC/2011 and depriving the petitioner of her lawful rights by calling for fresh tenders and further putting the parking lot for auction on 15.11.2011, as illegal and arbitrary and set aside the same. 2. Heard learned counsel for the petitioner and also learned Standing Counsel for Greater Hyderabad Municipal Corporation. 3. It is stated in the affidavit filed in support of the petition that the petitioner is a dreamful enterprising woman, part of Self Help Group, hailing from Schedule Caste and doing parking contracts. While so, the 1st respondent corporation invited sealed tenders-cum-open auction for allotment of parking lot car stand and scooter stand on road side of High Court road and HDFC Bank vide notification dated 30.4.2011 for the financial year 2011-2012 commencing from 16.5.2011 to 31.3.2011 which was to be held on 30.4.2011, later it was postponed to 16.5.2011 and the petitioner was selected for the above contract. It is further stated that she could not operate the same business for 2 months due to agitation and the police reduced the area of operation notifying the same to be a no parking area. The respondents 1 and 2 issued a notification dated 9.11.2011 calling for tenders to operate the same area for remaining period and hence she filed the present writ petition. 4. The learned counsel for the petitioner contended that the entire area has not been given in terms of the tender notification and when the petitioner made a representation, no action has been taken and therefore she prays not to call for the tenders by a fresh notification. 5. On the other hand, the learned Standing Counsel for the respondents contended that as the petitioner failed to pay the bid amount within the reasonable time granted, the tender of the petitioner has been cancelled and a fresh tender notification has issued and hence there are no grounds to interfere with the same. 6. It is not in dispute before this court that the Municipal Corporation invited tenders by a notification dated 30.4.2011 for the allotment of parking lots from 1.4.2011 to 31.3.2012 and in pursuance of the said notification, the petitioner became the highest bidder for an amount of Rs.8,90,000/-. After deducting the EMD, a total balance bid amount payable is Rs.8,50,488/-. By virtue of the proceedings dated 17.5.2011, the petitioner was directed to pay the balance of Rs.8,50,488/- within five days from the date of receipt of the notice. As the petitioner made a representation on 28.5.2011, time was extended for a month to pay the balance amount by which the petitioner paid 50% of the bid amount i.e. Rs.4,59,024/-. By virtue of the proceedings dated 15.6.2011, the petitioner was given permission to collect the parking fee and with a condition that she shall pay the balance amount of Rs.4,30,976/- within one month from the date of receipt of allotment order. Admittedly, the petitioner has not paid the remaining balance amount within the given time. Therefore, the petitioner has defaulted in payment of the half of the balance amount and she has no right to ask for cancellation of fresh tender notification. Therefore, the Writ Petition is devoid of merit. 7. Accordingly, the Writ Petition is dismissed. No costs. _______________ K.C.BHANU, J 15th November, 2011 TJMR THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30243 OF 2011 Date: 15th November, 2011