THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10178 of 2011 Date: 18.10.2011 Between: J. Nabi Rasool … Petitioner and The Chairman, Agricultural Market Committee, Anantapur, Anantapur District and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10178 of 2011 ORDER : Heard Sri N. Aswartha Narayana, learned counsel appearing for the petitioner. 2. This writ petition has been filed seeking a Mandamus to declare the action of the respondents in not considering the petitioner’s representation dated 31.3.2011 for allotment of a shop in the newly constructed building at Agricultural Market Yard, Anantapur District, as arbitrary and illegal, and consequently to direct the respondents to consider the said representation by allotting a shop to the petitioner. 3. As per the averments made in the affidavit filed in support of the writ petition, the Agricultural Market Committee, Anantapur, constructed shops in the Market Yard. In the auction conducted for grant of leasehold rights, the petitioner was the highest bidder for Shop No.3. He was allotted the said shop and has been in enjoyment of the same. Godown No.5 was also allotted to the petitioner, admittedly without any auction. It is stated that the Market Committee had newly constructed some more shops within the premises of the market yard and auction of leasehold rights in respect of the said shops is yet to be conducted. In the meanwhile, the petitioner is said to have made a representation dated 31.3.2011 requesting to allot a shop in the newly constructed complex without auction on the premise that he had to vacate godown No.5 purportedly on the directions of the respondents. As the representation did not evoke any response, the petitioner has filed the present writ petition for the aforesaid relief. 4. Learned counsel for the petitioner contended that since the petitioner had to vacate godown No.5 on the directions of the respondents, they are under an obligation to allot a shop in the newly constructed complex otherwise than by conducting public auction. 5. I am not inclined to accept the said contention. It is well settled that whenever the State largesse is to be distributed, the same shall be done giving liberty to the intending persons in a transparent manner through public auction. The instant case is not an exception to the said settled procedure. Even though the petitioner has stated that he had to vacate godown No.5 on the directions of the respondents, no material has been placed before this Court in support of the said contention. Even otherwise also, the petitioner cannot claim a lien or vested right for allotment of a shop otherwise than by public auction. Therefore, I am of the considered view that there is no obligation for the respondents to consider the representation dated 31.3.2011 of the petitioner. 6. For the foregoing reasons, the writ petition is devoid of merits and is accordingly dismissed, at the admission stage. It is needless to say that as and when auction is conducted for allotment of newly constructed shops, the petitioner is at liberty to participate and bid for its leasehold rights. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 18.10.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10178 of 2011 18.10.2011 (Msr)