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 MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10504 of 2001 Between: 1 N.Devidas, S/o Subramanyam Iyer, H.No. 1-12-45 & 46, Jambikunta, Medak. 2 R.Vijaya Reddy, S/o Narsimha Reddy, H.No. 1-12-47, Jambikunta, Medak. ..... PETITIONER(S) AND 1 The Nagar Panchayat, Rep. by its Commissioner, Medak. 2 Mandal Revenue Officer, Medak Mandal, Medak. 3 Surender Goud, S/o. Medak. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue appropriate Writ, order or direction especiall one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to dispossess the petitioners from the plot of land admeasuring 346.66 Sq. yards belonging to 1st Petitioner and about 143.33 Sq.yards belonging to the 2nd Petitioners situated behind premises bearing No.1-12- 45, 46 & 47 ignoring the Resolution passed by the 1st Respondent in No.C1/1249/97, dt:- 28.10.1997 to sell the land on market price to the Petitionera as illegal, intentional, malaﬁde, arbitray, opposed to principles of justice and consequently direct the Respondents not to dispossess the Petitioner pending ﬁnal orders in persuance of their Resolution dated 28.10.1997 and pass Counsel for the Petitioner:MR.K.V.BHANU PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10504 of 2001 O R D E R: The relief sought for in this writ petition is to declare the action of the respondents, in trying to disposses the petitioners from the plot of land admeasuring 346.66 sq. yards belonging to the ﬁrst petitioner and about 143.33 sq.yards belonging to the second petitioner situated behind the premises bearing No.1-12- 45, 46 and 47 ignoring the Resolution passed by the ﬁrst respondent dated 28.10.1997 as arbitrary and illegal. Petitioners admit that the land, which they claimed to be in possession for a period of 40 years, belong to the Nagar Panchayat. It is the case of the petitioners that, at the instigation of the third respondent, they were sought to be dispossessed from the land under their possession. They refer to a resolution of the Nagar Panchayat whereby it was agreed that the land would be sold at the market value to the applicants. The petitioners would seek implementation of the resolution and contend that they are willing to pay the market value as on the date of application. It is well settled law that the best method of sale of public property is by way of a public auction whereby the bid of the person, who quotes the highest price, is accepted. Whatever may have been the resolution of the Nagar Panchayat, I see no reason to entertain the writ petition seeking implementation of such a resolution which runs contrary to the law laid down by the Supreme Court in this regard. With regards the petitioners’ contention that they not be dispossessed, basing on their possession over the said land for the past 40 years, it must be borne in mind that the petitioners themselves admit that the land in question belongs to the ﬁrst respondent. It is also well settled that the remedy under Article 226 of the Constitution of India is discretionary and that it is not issued for the mere asking. It is only if larger public interest requires interference, would this Court be justiﬁed in issuing a writ in this regard. The petitioners have, admittedly, usurped the land belonging to the ﬁrst respondent and have retained it in their possession. I see no reason to exercise discretion in their favour for it is always open to them to avail the remedy of a suit before a Civil Court of competent jurisdiction. Subject to the above observation, the writ petition fails and is, accordingly, dismissed. No order as to costs. _________________________ RAMESH RANGANATHAN,J 5th November, 2008. PNV