THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.2273 of 2010 ORDER: Heard the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the respondents. The petitioners, who claim to be the petty businessmen in Thatipaka Daily Market, filed the present writ petition aggrieved by the action of respondent Nos.4 and 5 in issuing the impugned auction notice, dated 01.02.2010, for the proposed construction of new Daily Market Complex at Tatipaka Gram Panchayat, Razole Mandal. The petitioners state that they are eking out their livelihood by doing petty businesses i.e., selling bananas, vegetables, fish, mutton, etc., in Thatipaka Daily Market, for the last more than ten years by erecting temporary sheds. While so, the petitioners state that the respondents issued the impugned notification for construction of new Daily Market Complex at Tatipaka Gram Panchayat, fixing the EMD at Rs.10,000/-, depositing 25% of the auction amount on the same day and mentioning in the note that highest bid amount for the shop (Goodwill fund) will not be refunded. Questioning the said notification as illegal and arbitrary, the petitioners filed the present writ petition. On 05.02.2010, this Court passed the following order: “Post after ten (10) days. In the meanwhile, it shall be open to the petitioners to participate in the auction. In case, they emerge as successful tenderers, the respondents shall accept 10% of the bid as against 25%.” Today, the learned Standing Counsel appearing for respondent Nos.3 and 4-Gram Panchayat has produced para-wise remarks, wherein it is stated that the Tatipaka Gram Panchayat passed resolution, dated 13.12.2008, for construction of four shopping complexes consisting of eight shops each, on rental basis with other terms and conditions, for which, the Gramsabha also consented. It is also stated that the Panchayat Officer, Amalapuram confirmed the resolution of the Gram Panchayat as well as the Gramsabha and recommended the District Collector to accord permission for auction of the shops. That pursuant to the same, the District Collector vide proceedings, dated 31.12.2009, accorded permission and accordingly, the shops were auctioned on 05.02.2010 and the bidding went to Rs.1,38,17,565/- for 32 shops and highest bidders deposited an amount of Rs.32,82,350/-. However, it is also stated that the Gram Panchayat is taking steps to provide alternative place to the petitioners to run their businesses, subject to the terms and conditions of the Gram Panchayat. In view of the stand taken by respondent Nos.3 and 4 that the Gram Panchayat is taking steps to provide alternative sites to run their businesses, it is submitted by the learned counsel for the petitioners that no further orders need be passed in this writ petition. In the circumstances, placing on record the para-wise remarks of the fourth respondent, the writ petition is closed. No costs. The interim order, dated 05.02.2010, granted by this Court shall stand dissolved. ___________________ N.V. RAMANA, J. Date:30.04.2010 VGB