V RAMBABU Vs. MERAKAMODIDAM PRAJA PARISHAD

JUDGEMENT

(1.) This Writ Petition relates to the Shandi rights of Uttaravalli Wednesday Shandi for the year 1991-92. The petitioner herein and another were the bidders at an auction conducted on 28-3-1991 for the said shandi rights pursuant to a notification issued by the 1st respondent which was published in Vizianagaram District Gazette Supplement No. 10/91 dated 28-2-1991. The petitioner's bid for Rs. 18,500/- was the highest in the said auction.

(2.) The petitioner contends that the 1st respondent is bound to confirm the auction and allow him to have the shandi rights for collection of "Aaseellu" from the vendors in the said Shandi. The 3rd respondent i.e., the Mandal Development Officer of the 1st respondent issued letter No. 16/91/C dated 4-4-1991 stating that collection of Wednesday Shandi Aaseellu from 1-4-1991 in Uttaravalli Village was given to the petitioner subject to the approval of the general body of the 1st respondent and that if it was not approved by the general body action would be taken in accordance with the Rules. The petitioner states that the general body meeting of the 1st respondent was held on 20-4-1991 and that though the agenda for the said meeting included the auction of shandi rights of Uttaravalli Village and the confirmation of the auction held on 28-3-1991 as Item No. 10, no resolution was passed on the said Item at the general body meeting held on 20-4-1991 confirming the auction in favour of the petitioner. Apprehencing mala fide action on the part of the President of the 1st respondent, the petitioner filed Writ Petition No. 6447 of 1991 before this court for a direction to the respondents herein to abide by the auction held on 28-3-1991 in which he was the highest bidder and to allow him to collect Aaseellu in respect of Uttaravalli Wednesday Shandi for the year 1991-92. The Writ Petition came up for admission on 26-4-1991, but it was directed to be posted in the second vacation Court for admission.

(3.) The petitioner states that the 3rd respondent issued proceedings dated 27-4-1991 stating that the general body of the 1st respondent had not accepted confirmation of the said auction held on 28-3-1991 in petitioner's favour and that therefore, re-auction was going to be held. The petitioner states that the respondents refused to confirm the said auction held on 28-3-1991 without any reason and without informing him as to why the auction was to be cancelled. He alleges that the cancellation of the said auction was mala fide and politically motivated. He therefore, filed the present Writ Petition for declaring the action of the respondents in failing to confirm the auction held on 28-3-1991 as arbitrary and illegal and to direct the respondents to allow the petitioner to collect Aaseellu from the hawkers in Uttaravalli Wednesday Shandi for the year 1991 -92. The Writ Petition was admitted on 9-5-1991 and on the same day in W.P.MP. No. 8464 of 1991 this Court ordered that "all further proceedings including reauction of Uttaravalli Wednesday Shandi pursuant to the proceedings of the 3rd respondent in Rc.No. 6/91/C dated 27-4-1991 be and hereby are stayed, pending further orders" and in W.P.M.P.NO. 8465 of 1991 this Court ordered that "the respondents herein be and hereby are directed to allow the petitioner to collect Aaseellu from the hawkers in Uttaravalli Wednesday Shandi, Meraka Modidam Mandal, Vizianagaram district, pending further orders.