S SAL RAM Vs. ANANTAPUR MUNICIPALITY

JUDGEMENT

(1.) The petitioner has filed this application praying for a declaration that the action of the 1st respondent-Municipality in issuing the auction notification dated 7-2-2000 for allotment of shops to the persons belonging to Scheduled Castes/Scheduled Tribes/ Physically Handicapped Persons in the new multi-storied shopping complex near Tower Clock, Anantapur for a goodwill amount as illegal, irregular, arbitrary and ultra vires the Constitution.

(2.) The petitioner who claims to be a social worker has filed this application which is in the nature of probono publico, inter alia, on the ground that although the members of SCs, STs and P.H.Cs are entitled to allotment of shops in terms of G.O.Ms.No. 267, M.A., dated 19-5-1989 and G.O.Ms.No. 253, M.A., dated 2-4-1993 issued by the Government, they are being deprived of the benefits thereof by the action of the 1st respondent in the matter of allotment of shops constructed by it at Anantapur.

(3.) It is not in dispute that the 1st respondent-Municipality has taken up the construction of a shopping complex and in relation thereto it is supposed to follow various orders issued by the Government from time to time. By reason of G.O.Ms. No. 568, M.A., dated 25-9-1989 15% of the shop rooms are reserved to Scheduled Castes persons and by reason of G.O.Ms.No. 258, M.A., dated 24-3-1993 6% of the shop rooms are reserved for persons belonging to Scheduled Tribes whereas by virtue of G.O.Ms.No. 63, 3% of the shop rooms are reserved for Physically Handicapped persons.