ABDUL MAZID Vs. DISTRICT PANCHAYAT OFFICER

JUDGEMENT

(1.) The petitioners herein seek a writ of mandamus for declaring the action of the respondents in conducting public auction to grant licence/leasehold rights relating to the shops situate in the commercial complex of the 2nd respondent gram panchayat, without considering their request for extension of their leasehold rights, subject to enhancement of the rent by 33%, as arbitrary and illegal.

(2.) The six petitioners assert that a commercial complex comprising of several shop rooms was got constructed by the 2nd respondent gram panchayat in the year 2006. The licence to carry on business therein, for a period of three years, was granted by conducting public auction on 25.09.2006. The petitioners have participated and emerged as the highest bidders. The petitioners subsequently approached the gram panchayat and the gram panchayat has passed a resolution for reducing the rentals and also extended the period by three years. At the reduced rate of rentals also, the petitioners continued to occupy the shop rooms in their possession for a further period of three years, commencing from 01.12.2009 up to 30.11.2012. Now, the 2nd respondent gram panchayat has proposed to conduct a public auction for grant of licence/leasehold rights for these shop rooms. That is what is being objected to by the petitioners.

(3.) Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj appearing for the 1st respondent and Sri G. Elisha, learned Standing Counsel for the 2nd respondent.