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 B.SESHASAYANA REDDY WRIT PETITION NO : 22897 of 2008 Between: T. Ravi Shankar, S/o. T. Lakshamaiah, R/o. D.No. 4/125, Nagaraju Peta, Kadapa, Kadapa District. ..... PETITIONER AND The Commissioner, Kadapa Municipal Corporation, Kadapa, Kadapa District. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent herein not allotting the site for construction of public modern toilets complex at RTC Bus Stand pursuant to the work order dt. 24-1- 2008 vide Roc No. 1544/2007/E1 and memorandum of agreement dt. 11-2-2008 as illegal, arbitrary and un constitutional and consequential direct the respondent herein to handover the site at RTC Bus Stand area forthwith to the petitioner for construction of Modern Toilet Complex. Counsel for the Petitioner: MR.B.CHANDRA SHEKHAR Counsel for the Respondent.: MR.S.I.NEWTON, Standing Counsel. The Court made the following : ORDER: This Writ Petition has been ﬁled by T.Ravi Shankar with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondent Corporation in not allotting the site for construction of public modern toilets complex at RTC Bus Stand pursuant to the work order dated 24.01.2008 vide ROC.No.1544/2007/E1 and memorandum of agreement dated 11.02.2008 as illegal and arbitrary. 2. The respondent Corporation issued paper publication on 05.11.2007 vide ROC No.5330/2004/E1 inviting expression of interest for construction of public toilets and for maintenance and thereafter to handover to the Corporation. Pursuant to the said notiﬁcation, the petitioner made an application on 25.11.2007. The respondent Corporation considered the application of the petitioner and issued proceedings in ROC No.1544/2007/E1, dated 24.01.2008. As per the said proceedings, the petitioner has to construct modern toilet complex at RTC Bus Stand area. The period of contract will be for 15 years without any ownership rights. The petitioner has to construct the said complex within 90 days from the date of handing over of the site. The petitioner approached the respondent Corporation with a request to handover the site. There being no fruitful result of his request, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India with a prayer stated supra. 3. When the writ petition came up for admission, Sri S.I. Newton, learned Standing Counsel of Kadapa Municipal Corporation received noticed on behalf of the respondent Corporation. The learned Standing Counsel, on instructions, reports that the site initially proposed is being aﬀected in road widening and the respondent Corporation is prepared to handover the alternative site to the petitioner by the end of December, 2008. 4. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the respondent Corporation to handover the alternative site to the petitioner by the end of December, 2008 so as to commence the proposed construction and maintenance of Public toilets on Pay & Use basis under BOOT system. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:05th November, 2008. Note: Issue C.C. within a week. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}