HON’BLE MR.JUSTICE R.SUBHASH REDDY WRIT PETITION No.16701 OF 2009 DATE: JULY 12, 2011 Between: M.A.Jabbar, S/o.M.A.Samad, Aged: 55 years, Occ:Civil Contractor, R/o.H.No. 3-5-130/1D, Madina Colony, Bhainsa, Adilabad District … Petitioner And The District Collector & Chairman, The District S.C. Service Co-operative Society Ltd., Adilabad, Adilabad District and others … Respondents Order: In this writ petition, the petitioner, who is a Contractor, has questioned letter No.A3753/03, dated 03.08.2009, addressed by the 3rd respondent, Tahsildar, Bhainsa, to the 4th respondent, Commissioner, Bhainsa Municipality. Bhainsa Municipality in Adilabad District issued a notification inviting tenders for construction of a shopping complex in the land admeasuring Ac.0.20 guntas in Sy.No.330/2 of Bhainsa town. The petitioner, who is one of the tenderers, was the highest bidder. His offer was accepted an agreement was also entered into with him by the Municipality, to construct the shopping complex. At that stage, the impugned letter was addressed by the 3rd respondent stating that the land in question was earlier proposed for construction of shopping complex by S.C. Corporation Ltd., Adilabad, but due to litigation pending before Court of law, such construction could not be taken up. In the said letter, a request was made not to resort to any excavation or construction in the land in question unless the District Collector grants permission in this regard. When the petitioner was prevented from entering into the subject land based on the aforesaid letter, he approached this Court by this writ petition in the year 2009 questioning the said letter. This Court, by order dated 19.10.2009 passed orders suspending the impugned letter. When the matter is taken up today, learned counsel for the petitioner states that pursuant to agreement entered into by the Municipality with the petitioner, he has completed construction of the shopping complex. Learned counsel has also placed before this Court letter No.88/C1/Bhainsa/IDSMT/2010.11, dated 09.03.2011, addressed by the Commissioner, Bhainsa Municipality, to the Commissioner and Director of Municipal Administration, wherein it is stated that construction of shopping complex was completed on 28.02.2011. In the said letter, permission was also sought to auction leasehold rights of the shops in the complex so constructed. In this case, it appears, there is some dispute with regard to the land in question. But, now, it is evident from the letter dated 09.03.2011 addressed by the Commissioner, Bhainsa Municipality, to the Commissioner and Director of Municipal Administration, that pursuant to the agreement entered into by the petitioner, construction of the shopping complex is completed. When the Municipality, Bhainsa, has notified the work of construction of shopping complex, accepted the bid of the petitioner; who entered into an agreement and has also completed the construction, there appears no justification in stalling the work. In any event, as it is stated that construction of the shopping complex is already completed, I hereby set aside the impugned letter and direct the respondents-authorities to clear all the bills due and payable to the petitioner pursuant to completion of construction of the shopping complex. Writ petition is accordingly disposed of. No order as to costs. __________________ (R.SUBHASH REDDY, J) July 12, 2011 MRR