HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.14397 of 2009 Date : 7-7-2011 Between: M/s.Swarna Bharath Medical and General Stores, Represented by Proprietor Ch.Yadaiah s/o.Mallaiah, Govindarajulagutta, Warangal. .. Petitioner And The District Collector-cum-The President, Warangal District Scheduled Caste Service Co-operative Society Limited, Warangal and others .. Respondents Counsel for petitioner : Sri S.V. Bhatt Counsel for respondents : None appeared This Court made the following : ORDER: At the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of learned counsel for the petitioner. The Writ Petition is filed for a mandamus to declare the action of respondents No.3 in calling for tenders vide proceedings No.Rc.No.A2/10/HDS/GMH/2009-10, dated 3-7- 2009 for commencement of a new medical hall in the Women’s Government Hospital premises, Hanamkonda. The grievance of the petitioner is that even though he was given permission to establish a medical store as far back as 20-11-1997, which was subsequently renewed from time to time, and the last renewal so made was as late as December 2008, without taking a decision on the petitioner’s claim to continue in the premises, the respondents have suddenly issued the impugned notice calling for tenders. At the hearing, there is no representation for the respondents. Sri S.V. Bhatt, learned counsel for the petitioner submitted that in the renewal last made in 2008, respondent No.3 has directed that the issue of further continuance of the petitioner may be reviewed after two years and that immediately thereafter, the respondents have issued the impugned tender notification, which is illegal. In the counter-affidavit it is inter alia stated that the period of lease is not fixed and that as the site admittedly belongs to the Government, situated within the Hospital premises, the respondents are entitled to put the same to auction for securing higher revenue. While undoubtedly the respondents have power to let out the premises by calling for tenders, the same shall be subject to the rights, if any, of the petitioner. As pleaded by the petitioner, in the year 2008, respondent No.3 has, while enhancing the existing rent by 10%, expressed that the issue will be reviewed after two years. Therefore, when the notification was issued, the petitioner certainly had a legitimate grievance. However, with efflux of time, the petitioner’s right to continue for a period beyond two years ceased to exist. Respondent No.3, is therefore, entitled to decide whether to go ahead with the proposed auction or not and shall pass an order taking a decision in this regard within two months from today. In the event it is decided that the said shop shall be put to auction, the petitioner shall be permitted to participate in the auction along with others. Subject to the above observations, the Writ Petition is disposed of. As a sequel, interim order dated 17-7-2009 is vacated, WPMP No.18878/2009 is dismissed and WVMP No.3868/2009 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 7-7-2011 AM