THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION. No.1709 of 2008 Date: 01.02.2008 Between: S. Mastan Valli … Petitioner AND The Madanapalli Municipality, rep., by its Commissioner Madanapalli, Chittoor District & another. … Respondents Counsel for the petitioner : Sri S.A. Razack THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION. No.1709 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of respondent No.1 in inducting respondent No.2 in the municipal shop room Nos.4 and 5 of ground floor and shop room Nos.2 and 3 of the upstairs at Bangalore bus stand of Madanapalli, Chittoor District without conducting public auction and permitting him to carry on liquor business of Bar and Restaurant by constructing the unauthorized structure contrary to the terms and conditions of auction notification, as illegal, arbitrary and unjust. Heard Sri S.A. Razack, learned counsel for the petitioner. In the affidavit filed in support of the writ petition, the petitioner stated that a public auction was conducted in the years 1990 and 1995 and respondent No.2, who is the highest bidder in shop room Nos.3 and 4 of the ground floor and 2 and 3 of the first floor, has been running a bar and restaurant in the said shop rooms. According to the petitioner, he is intending to participate in the public auction, if it is held and that though the lease period expired in the year 1998, respondent No.1 has not been holding public auction. At the hearing, learned counsel for the petitioner submitted that the petitioner is intending to participate in the auction and in view of the failure of respondent No.1 in holding auction on the expiry of the lease period since the year 1998, he is disabled from participating in the auction. Learned counsel further submitted that a Dargah is located within a distance of lessthan 50 feet away from the bar and restaurant and it is affecting the sanctity of the Dargah. In his affidavit, he referred to a representation made by him along with others to respondent No.1 Municipality. A copy of the purported representation is filed by the petitioner as Ex.P2. I have perused the said representation and I find that neither of the two grounds, which are pressed into service by the petitioner at the hearing is mentioned in the said representation. The petitioner neither expressed his intention to participate in the auction, if it is held nor did he mention that running of bar and restaurant is affecting the sanctity of the Dargah. On a careful consideration of the entire pleadings and material on record, I am convinced that the petitioner has no locus to maintain this writ petition and that the same is filed for collateral purposes without there being any bona fides on the part of the petitioner. For the aforementioned reasons, the writ petition is dismissed. As a sequel to dismissal of the writ petition, WPMP.No.2112 of 2008 filed by the petitioner for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 01.02.2008 ES