CHINTA VIJAYA KUMAR REDDY Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This Writ Petition has been filed by Chinta Vijaya Kumar Reddy with a prayer to issue any writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents 1 to 4 in permitting the respondents 5 and 6 to shift their business premises near to the business premises of the petitioner at Appaipally X Roads, Kamalapuram, Kadapa District, as arbitrary and illegal.

(2.) The Collector and District Magistrate, Kadapa, issued notification on 27.05.2010 calling for tenders for the lease period from 01.07.2010 to 30.06.2012 in respect of various shops situated in Kadapa District. The petitioner submitted tender for Shop No.1 of Kamalapuram and he became the highest bidder having offered Rs.96,00,000/-. Respondents 5 and 6 also participated in the auction and became the highest bidders for Shop Nos.2 and 3 respectively of Kamalapuram. The 5th respondent became the highest bidder for Shop No.2 having offered Rs.95,22,999/-. The 6th respondent became the highest bidder for Shop No.3 having offered Rs.90,22,999/-. It is the grievance of the petitioner that the respondents 1 to 4 are permitting the respondents 5 and 6 to establish their shops at Door No.15/40/2 Appaiahpally X Roads, Kamalapuram, which is very nearer to his shop. According to the petitioner, the upset price has been fixed taking into consideration of the location of the shops during the excise period 2008-2010. Since the upset price in respect of Shop No.1 has been fixed at Rs.78,08,499/- in view of its location in Appaiahpally X Roads, Kamalapuram, the shop Nos.2 and 3 cannot be located at Appaiahpally X Roads, Kamalapuram, as the upset prices fixed in respect of those two shops are Rs.54,05,114/- and Rs.50,60,114/- respectively. For better understanding of the grievance of the petitioner, I deem it appropriate to refer paras.3 to 6 of the affidavit filed in support of the writ petition, which read as follows:

(3.) Rule Nisi came to issued on 18.06.2010. An interim direction came to be issued to the respondents 1 to 4 not to permit the respondents 5 and 6 to locate their business premises within the area of Shop No.1 in Kamalapuram, Kadapa District.