THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28543 of 2007 Date: 31.01.2008 Between: Korla Dilleswara Rao And others … Petitioners AND The Palasa Kasibugga Municipality, Palasa, Srikakulam district. … Respondent Counsel for the petitioners: Sri K.Bheem Rao Counsel for respondent : S.Nageswar Reddy, Standing Counsel HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28543 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in not handing over possession of the shop rooms situated in Palasa-Kasibugga municipal complex in pursuance of the auction held on 24.8.2007 and 25.8.2007 as illegal and arbitrary. The petitioners also sought for a consequential direction to respondent to handover the possession of the shop rooms forthwith. Heard Sri K.Bheema Rao, learned counsel for the petitioners and Sri S.Nageshwar Reddy, learned Standing Counsel for respondent. At the hearing, it is not disputed by the learned Standing Counsel that in the public auction held on 24.8.2007 and 25.8.2007, the petitioners stood highest bidders and they have made all the required deposits for the purpose of handing over of the shop rooms by the respondent. He however, submitted that due to certain instructions given by the District Collector, the respondent is unable to handover the possession. In the face of the admitted fact that the petitioners were the highest bidders and their bids were accepted by the respondent – Municipality, there is no justification whatsoever in not delivering the possession of the shop rooms to the petitioners. The respondent is therefore, directed to deliver the possession of respective shop rooms to the petitioners within a period of one week from the date of receipt of a copy of this order. It is made clear that if the petitioners are liable to make any payments, they shall make such payments before taking delivery of possession and comply with all other legal formalities as required. Subject to the above observation, the writ petition is disposed of. As a sequel to the disposal of the writ petition, W.P.M.P.No.37294 of 2007 filed by the petitioners seeking interim relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:31.01.2008 mdaa