IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 6868 of 2009 Between: Vadlapatla Krishan MohaN S/o Kondaiah chowdary R/o.Satrampadu ,Eluru, West Godavari District ..... PETITIONER AND The Eluru Municipal Corporation, rep. by its Commissioner, Eluru, West Godavari District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in not considering the petitioner representation dated 22.3.2009 for remission of contract amount as illegal arbitrary, irresponsible and against to principles of natural justice apart from violation of Article 19 of the Constitution of India and cosnequentially direct the respondent to consider and dispose of the petitioner representation dated 22.3.2009 forthwith in the interest of justice. Counsel for the Petitioner: MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HON'BLE MR. JUSTICE R.SUBHASH REDDY Writ Petition No.6868 of 2009 ORDER: Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent municipal corporation. 2. In view of the nature of the relief sought for in the Writ Petition and on the request of the counsel appearing for both sides, this Writ Petition itself is being disposed of at the stage of admission. 3. In the Writ Petition the petitioner seeks directions by way of Writ of Mandamus to declare the action of the respondent municipal corporation in not considering the representation of the petitioner dated 22-03-2009 submitted to the Commissioner, Municipal Corporation, Eluru, as illegal and arbitrary. 4. The petitioner participated in the auction conducted by the respondent municipal corporation for collection of market asil for the year 2008-09 and became the successful bidder. The petitioner has obtained authorization for collection of asil at the prescribed markets for a period of one year i.e., from 04-08-2008 to 03-08-2009 for an amount of Rs.40,05,000/-. It appears, some of the traders are not paying asil and questioned the collection of asil by way of Writ Petitions before this Court. The petitioner also placed on record interim order dated 23-12-2008 passed by this Court in W.P. M.P. No.34553 of 2008 in W.P. No.26390 of 2008 filed by the Eluru Fertilizers & Pesticides Association, Eluru. It is submitted that similarly some others also filed Writ Petitions and obtained interim orders. In view of the same, he is not able to collect asil as per the tender conditions. It is also brought to the notice of this Court that in view of the order passed by this Court, remission was already considered with regard to contract granted for the year 2007-2008. 5. Whether the petitioner is entitled for remission or not is a matter which is to be considered by the respondent municipal corporation, as the claim of the petitioner is not yet examined by the municipal corporation and in view of the limited direction sought for in this Writ Petition, this Writ Petition is disposed of directing the respondent municipal corporation to consider representation of the petitioner dated 22-03-2009 for grant of remission and pass appropriate orders preferably within a period of six weeks from the date of receipt of a copy of this order. If the petitioner wants to rely on the remission order passed for the year 2007-2008, it is for him to enclose a copy of that order along with the order passed by this Court before the respondent municipal corporation. 6. Subject to above direction, the Writ Petition is disposed of. No order as to costs. ___________________ R.SUBHASH REDDY, J. 01st April, 2009. skmr