IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8273 of 2008 Between: Y.Vykunta Rao, S/o. Y.Venkata Rao, R/o. Sai Colony, 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in not handing over possession of the shop (Room No.108) allotted in favour of the petitioner situated at Kasibugga Municipal Complex near Panchayat Office, Kasibugga, in the auction conducted on 24/25.08.2007 as illegal, arbitrary and consequently direct the respondent to hand over possession of the shop, allottted in favour of the petitioner forthwith. Counsel for the Petitioner: MR.K.VENKATARAO Counsel for the Respondent : MR.S.NAGESWARA REDDY The Court made the following : O R D E R : This writ petition has been filed by the petitioner with a prayer to issue a writ of Mandamus declaring the action of the respondent in not handing over possession of the shop (Room No.108) situated at Kasibugga Municipal Complex, near Panchayat Office, Kasibugga, allotted to him in the auction conducted on 24.08.2007 and 25.08.2007 as illegal, arbitrary and consequently direct the respondent to hand over possession of the shop, allotted to him forthwith. 2. The petitioner participated in the auction conducted by the respondent-Municipality in respect of lease of several shops situated in the local limits of Palasa-Kasibugga Municipality. He became the highest bidder in respect of Shop No.108. The Municipal Council approved the auction on 28.08.2007. The petitioner paid the bid amount and completed all the necessary formalities. Despite completing necessary formalities, he is not put in possession of the shop (Room No.108), which necessitated him to approach this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent-Municipality. 4. It is not disputed by the learned Standing Counsel appearing for the respondent-Municipality that in the public auction held on 24.08.2007 and 25.08.2007 for various shops in the municipal complex, the petitioner stood as highest bidder in respect of the shop (Room No.108) and he fulfilled all the requirements for the purpose of handing over the shop. However, the respondent did not hand over the shop to the petitioner. Since the petitioner is the highest bidder and his bid has been accepted by the Municipal Council, there is no justification whatsoever in not delivering the possession of the shop (Room No.108) to the petitioner. 5. Accordingly, the writ petition is disposed of at the admission stage directing the respondent-Municipality to deliver possession of the shop (Room No.108) to the petitioner within a period of two weeks from the date of receipt of a copy of the order. It is made clear that if the petitioner is required to make any payment, he shall make such payment before taking delivery of possession. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:12th June, 2008. Note: Issue C.C. within two days. B/O cs ..... ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commissioner, Palasa-Kasibugga Municipality, Palasa, Srikakulam District. 2.2CD copies Form-NIC-OGS/WP{LS}