IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18430 of 2008 Between: Naugapu Somaiah S/o.Purushotham R/o.Pallivedi Near Back side of police Station Kasibugga, Srikakulam District ..... PETITIONER AND The Palasa Kasibugga Municipality, Palasa Srikakulam District, rep.by its Commissioner .....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 a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent in not handing over possession of the shop room in respect of Block III shop No.79, allotted in favour of the petitioner situated at Palasa-Kasibugga Municipality, complexes in the auction conducted on 24th and 25th August 2007 as illegal, arbitrary, and consequently direct the Respondent to handover possession the shop room in respect of Block III shop No.79 allotted in favour of petitioner. Counsel for the Petitioner: MR.K.BHEEMA RAO Counsel for the Respondent : MR.S.NAGESWARA REDDY The Court made the following : ORDER: This Writ Petition has been ﬁled by Naugapu Somaiah assailing the action of the respondent Municipality in not handing over possession of shop No.79 in Block III, situated at Palasa-Kasibugga Municipality Complexes, allotted to him in the auction conducted on 24th and 25th August, 2007. 2. The respondent Municipality issued a publication on 10.08.2007 in the local daily newspapers inviting tenders from the eligible candidates for taking shops on lease in the municipal complexes. In addition to the paper publication, a notiﬁcation in Gazette No.262, dated 31.07.2007 has also been given by the respondent Municiplity invoking the powers under Sections 277 and 238 of the Andhra Pradesh Municipalities Act, 1965. The petitioner stood as highest bidder for Shop No.79 in Block No.III. He deposited part of the goodwill and the same was accepted by the respondent Municipality. He expressed his willingness to pay the remaining goodwill amount as and when required by the respondent Municipality. The Municipal Council passed Resolution Nos.955 and 956, dated 28.08.2007 declaring the petitioner as highest bidder. The grievance of the petitioner si that in spite of the Municipal Council declaring him as highest bidder and accepting the amounts paid by him, he has not been put in possession of the shop. 3. The respondent Municipality though entered appearance through its Standing Counsel did not choose to ﬁle counter- affidavit. 4. The factual aspect of the petitioner being the highest bidder and his bid being accepted by the Municipal Council is not in controversy. Such is the situation, there cannot be any impediment for the respondent Municipality in putting the petitioner in possession of the Shop No.79, Block No.III, situated at Palasa-Kasibugga Municipality Complexes, for which he became the highest bidder. 5. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the respondent Municipality to put the petitioner in possession of the Shop No.79, Block No.III, situated at Palasa-Kasibugga Municipality Complexes, for which he stood as highest bidder, within two weeks from the date of receipt of a copy of this Order, subject to the petitioner paying the goodwill amount in full and complying any other formalities contemplated in the auction notiﬁcation. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:12th November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}