ATAVUR RAHAMAN KAMAAL Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri. Sai Gangadhar Chamarty, learned Counsel for the Petitioner, learned Government Pleader for Municipal Administration and Urban Development for Respondent No.1, learned Government Pleader for Revenue for Respondent No. 2, Sri. G. Naresh Kumar, learned Counsel, representing Sri. M. Manohar Reddy, learned Standing Counsel for Respondent No. 3 and Sri. C. Raghu, learned Senior Advocate, assisted by Ms. V. Sesha Kumari, learned Counsel for Respondent No. 4.

(2.) The Petitioner has filed the present Writ Petition under Article 226 of the Constitution of India, for writ, order or direction in the nature of writ of mandamus challenging the auction proceedings for collection of market fee for the year 2023 "" 2024 within the limits of Pedana Municipality, by the 3rd Respondent under auction notice published in Sakshi Telugu Daily Newspaper, dtd. 2/3/2023.

(3.) The facts as disclosed in brief are that, the 3rd Respondent "" Pedana Municipality issued auction notification, publishing in Sakshi Telugu Daily Newspaper, dtd. 2/3/2023, and Andhra Jyothi Telugu Daily Newspaper, dtd. 3/3/2023, informing the public that the said Municipality in exercise of power under Ss. 271, 277, 289(2) and 351 of the A.P. Municipalities Act, 1965, [for short the 'Municipalities Act, 1965'], is proposing to conduct auction for collection of market fee for sale of vegetables, fruits, flowers and fishes as also other market products for the year 2023 "" 2034 with effect from 1/4/2023 to 31/3/2024. The paper publication was made pursuant to the Council Resolution No. 161, dtd. 2/3/2023.