[THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16212 of 2010 (Dated : 08-07-2010) Between: G.Sreeivasulu S/o late Venkatappa Occ: Business, R/o D.No.11-2-290, Naik Nagar, Ananthapur, Ananthapur District. …Petitioner A n d The A.P.State Road Transport Corporation Ltd. And others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16212 of 2010 ORDER: This writ petition has been filed by G.Sreenivasulu with a prayer to issue mandamus declaring the action of the Regional Manager, A.P.S.R.T.C., Ananthapur Region, Ananthapur in issuing Proc. No.02/122(103)/2009 RM `A’ dated 05.12.2009 and the consequential Proc. No.01-122(18)/09 GTL dated 21-06-2010 passed by the Depot Manager, as arbitrary and illegal. 2. The petitioner submitted tender for allotment of stall in Gooty Bus Station to carry on hot-chips and samosa business. He deposited Rs.40,000/- towards E.M.D by way of two separate Demand Drafts bearing Nos.100460 and 100462 dated 26.6.2009 for Rs.20,000/- each. Shop No.3 measuring 9’.6” X10’.9” at Gooty Bus station came to be allotted to the petitioner. As per the allotment order, the monthly license fee for the said stall is Rs.4,316/- excluding Electricity and water charges. The period of licence is ten years. The license fee is liable to be enhanced by 10% in the 4th year and by 15% in the 5th year. On 10.7.2009, the petitioner obtained receipt from respondent No.3 towards security deposit and also submitted draft deed of license. According to the petitioner, he started his business of hot-chips and samosa in Gooty Bus Station with effect from July, 2009 onwards. 3. The 2nd respondent addressed a letter to the petitioner, vide letter dated 5.12.2009 informing that the allotment of Stall No.3 has been canceled for his not entering into agreement with the Corporation. On receipt of the said cancellation letter, the petitioner approached the 2nd respondent and enquired the matter. Since the 2nd respondent advised him to continue the business in Stall No.3, he has been continuing the business in Stall No.3 paying monthly license amount by way of demand drafts. While so, respondent No.3 issued Order No.01/122 (18)/09 GTL dated 21.6.2010 canceling the allotment and returning the demand drafts submitted by him. Hence, this writ petition with the prayer stated supra. 4. When the writ petition came up for admission, Smt.W.V.S.Rajeswari, learned Standing Counsel takes notice on behalf of the respondents. 5. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 6. Learned counsel appearing for the petitioner submits that the petitioner is in possession of Stall No.3, and therefore, cancellation of allotment after putting him in possession is not permissible. 7. Learned Standing Counsel appearing for the respondents, on instructions, reports that the key of the stall is still available with the Depot Manager, A.P.S.R.T.C., Gunthakal Depot, Ananthapur District and possession has never been delivered to the petitioner. Learned counsel also drew my attention to the order dated 21.6.2010 whereunder, three demand drafts have been returned to the petitioner. The material brought on record clearly established that the petitioner had not entered into an agreement with the respondents, and thereupon, the respondents returned the amounts paid by the petitioner under various demand drafts. Therefore, the action of the 3rd respondent in canceling the allotment and returning the demand drafts cannot be found fault. 8. Accordingly, the Writ Petition is dismissed at the stage of admission. No costs. ______________________ B.SESHASAYANA REDDY, J Dt.08-07-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.16212 of 2010 (Dated : 08-07-2010)