THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition Nos.5673,8421,9018 &9297 of 2008 and 1793 of 2009 COMMON ORDER: The Palasa Kasibugga Municipality conducted auction of leasehold rights on 22.08.2007 in respect of the shops constructed by it in block Nos.I to III. The petitioners in these writ petitions and some others emerged as the highest bidders in respect of the concerned shops. The results of the auction were approved by the Municipal Council and thereafter, quite large number of successful bidders were delivered possession of the respective shops. However, the petitioners were not handed over the shops, as regards which they emerged as highest bidders. They have approached this Court ventilating their grievance. The Municipal Council filed a counter affidavit admitting that the auction was conducted and the petitioners were emerged as the highest bidders. However, a semblance of justification is sought to be pleaded for not handing over the shops to the petitioners, stating that instructions were received from the District Collector by making reference to certain writ petitions. It is also stated that the Municipal Council is yet to take a decision as regards the shops for which the petitioners are highest bidders. Heard the learned counsel for the petitioners and the learned Standing counsel for the Corporation. As observed earlier, leasehold rights in respect of quite a large number of shops in three blocks were put to auction on 22.08.2007. In case, there was any impediment or irregularity in the auction, the entire process ought to have been cancelled or redone. The very fact that the Municipal Council has approved the result of the auction discloses that nothing irregular has taken place. Once the highest bids in respect of the respective shops were approved by the Municipal Council and the bidders have deposited the stipulated amounts, there cannot be any justification for not handing over the shops to them. The action of the Municipal Council not only amounts to arbitrariness but also reflects discrimination. It cannot choose to hand over the shops to some and deny the facility to others, since all the highest bidders stand on the same footing. As a matter of fact, the Municipality has lost income for all these months on account of non- execution of lease deeds. The person who is responsible for such state of affairs deserves to be proceeded against. The writ petitions are accordingly allowed and the Municipality is directed to hand over the shops to the petitioners who have emerged as the highest bidders and have deposited the requisite amounts, within two weeks from the date of receipt of a copy of this order. The Joint Director of Municipal Administration shall cause an enquiry into the matter and fix the liability for keeping the shops vacant even after auction was conducted and requisite deposits were made. This process shall be completed within a period of three months from the date of receipt of a copy of this order. _________ 09.11.2009 Note: Mark a copy of this order to the Joint Director of Municipal Administration, Visakhapatnam. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition Nos.5673,8421,9018 &9297 of 2008 and 1793 of 2009 Date: 09.11.2009 JSU