VIJAYAWADA MUNICIPAL CORPORATION Vs. A SRIRAM

JUDGEMENT

(1.) Appellant is the Vijayawada Municipal Corporation represented by its Commissioner. The 1st respondent filed W.P. No.14026 of 2002 questioning the action of the appellant in canceling the lease granted in favour of the petitione'r-1st respondent herein by order dated 26-5-2002.

(2.) The matter was contested before the learned single Judge and the learned single Judge having regard to the facts and circumstances of the case allowed the writ petition by setting aside the order of cancellation of lease in favour of the writ petitioner-first respondent and directed the respondents to open the locks of the leased premises and permit the petitioner to cany on the business. It is this order which is challenged before us in the present writ appeal.

(3.) In order to decide the issue raised in the appeal, narration of few facts are necessary which are as under: On 29-6-2001, the Standing Committee of Vijayawada Municipal Corporation decided to lease out 34 shops constructed in C.V.R. High School Shopping Complex, Governorpet, Vijayawada. Initially, a notification was issued on 20-7-2001 inviting the tenders from the public, but there was no response. Therefore second notification dated 10-9-2001 was issued, but there was no response even for the 2nd notification. Thereafter, fresh notifications dated 8-10-2001 and 2-11-2001 were issued. As there was no proper response for all these notifications, the appellant-Corporation issued another notification dated 7-11-2001 inviting the tenders from the public.