DAMODAR REDDY G Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Gram Panchayat, Kondamadugu, the third respondent herein, conducted an auction to lease the right to collect market fee (Rahadari fee) on the cattle brought to the cattle market of the Gram Panchayat. At Rs. 3,85,500/- per annum, the petitioner became the successful bidder and deposited Rs. 96,325/- being l/4th of the bid amount. However, according to the petitioner, for a period of more than six months, he could not collect any market fee in the cattle market due to an agitation launched against mechanised slaughter house of Al Kabir. He, however, collected market fee for other months and paid the monthly instalment of Rs. 32,125/-.According to him, including the deposit, he paid an amount of Rs. 2,36,000/-

(2.) The petitioner approached the Government on 11-1-1995 requesting to grant remission under the relevant rules. It is alleged that the second respondent visited the village and submitted a favourable report. In spite of that, the Government, the first respondent herein, passed the impugned order rejecting the application for remission and further directed the District Collector to recover the amount of Rs. 1,49,500/-. This order is assailed in this writ petition,

(3.) The respondents have filed a counter affidavit inter alia stating that the petitioner was not prevented from carrying out his part of the contract and, therefore, he is not entitled for remission.