THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6650 of 2011 Date: 16.03.2011 Between : Sri Sampara Lakshmi Narayana .… Petitioner and The Vijayawada Municipal Corporation, Rep.by its Commissioner, Vijayawada, Krishna District. …. Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6650 of 2011 ORDER : Heard Sri K. Venkata Siva Prasad, learned counsel appearing for the petitioner as well as Smt. G. Jhansi, learned Standing Counsel appearing for the respondent-Vijayawada Municipal Corporation and with the consent of both the counsel, the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed challenging the Tender Notification RC.No.N.1/105837/2011, dated 28.2.2011 issued by the respondent-Corporation for leasing out shop No.1 on the first floor of New K.G. Market, Vijayawada, as arbitrary and illegal. 3. It is the case of the petitioner that earlier when an open auction of the leasehold rights in respect of the said shop was conducted by the respondent-Corporation on 1.3.2004, the petitioner became the highest bidder and on confirmation of his bid, he deposited an amount of Rs.1,00,000/- towards the goodwill and requested the respondent-Corporation to handover the premises. However, the respondent-Corporation failed to handover the premises even after he completed all the formalities. It is the grievance of the petitioner that it is incumbent upon the respondent-Corporation to handover possession of the said premises and without doing so, it cannot hold fresh auction in respect of the said premises. 4. Smt. G.Jhansi, learned Standing Counsel, on instructions, while admitting that the petitioner was the highest bidder and deposited a sum of Rs.1,00,000/- towards the goodwill on various dates i.e., on 28.5.2004 and 8.8.2004, and a sum of Rs.25,000/- towards the E.M.D., would submit that the petitioner did not comply with the other conditions of the tender notification. Therefore, a notice was served on him on 21.11.2007 to pay the balance amount and take possession of the said premises and on his failure to do so, a final notice was issued to him on 12.12.2007. But, the petitioner without responding to the same, submitted a representation dated 8.1.2008 to return the goodwill amount. As the petitioner did not comply with the conditions of notice, the allotment was cancelled on 2.3.2009. On a further representation dated 3.5.2009 made by the petitioner, an endorsement dated 25.6.2009 was issued to him stating that he was not entitled for the allotment. Again on the representation dated 6.8.2009 made by the petitioner, the matter was placed before the Municipal Council, which by its resolution in CR.No.252/2009, dated 15.10.2009 resolved to collect the balance amount and handover the possession of the said premises after collecting the rents from 1.3.2004. The petitioner still did not comply with the said resolution. A final notice was also issued to the petitioner on 3.12.2009, but there was no response. Therefore, the respondent- Corporation was constrained to call for the fresh tender notification for leasing out the said premises. 5. From the aforesaid facts, it is evident that it is on account of the default on the part of the petitioner to comply with the conditions of the tender notification and after repeated opportunities, on his failure to accept the resolution dated 15.10.2009, the impugned tender notification has been issued. Therefore, the action taken by the respondent-Corporation in issuing the impugned tender notification cannot be faulted and, as such, no relief can be granted to the petitioner. 6. Learned counsel for the petitioner, however, submits that the petitioner is atleast entitled for refund of the amount paid by him towards the goodwill and the E.M.D. This being not the issue in this writ petition, it is for the petitioner to seek appropriate remedies as are available under law. 7. In the result, the writ petition is dismissed. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 16.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.6650 of 2011 16.03.2011 (Msr)