SHEIK IQBAL Vs. COMMISSIONER KANDUKUR MUNICIPALITY

JUDGEMENT

(1.) In the instant writ petition the petitioner prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring the action of the respondents in seeking to auction the lease hold rights of Shop No. 17, Vegetable Market, Kandukuru by proceedings in ROC No. 158/ 97, GI, dated 15-2-1997 without extending the lease in his favour by accepting 33 1/3% enhanced lease amount as arbitrary and illegal. The petitioner also prays for issuance of a consequential direction directing the respondents not to auction the lease hold rights of the said shop- The petitioner seeks further direction directing the respondents to extend the lease for a further period of three years by accepting 33 1/3% enhanced lease amount.

(2.) The petitioner was the successful bidder in respect of Shop No. 12 allotted by Vegetable Market, Kandukuru, for short 'the shop' in the auction held on 27-3-1996. The petitioner offered the highest bid of Rs.96,000.00 per year commencing from 1-4-1996 to 31-3-1997, though in the affidavit filed in support of the writ petition, it is stated that his highest offer was only Rs.30,000.00. The petitioner is stated to have made a representation to the respondents to reduce the lease amount, as the same, according to him, was very excessive. The same was rejected by the Council on 10-5-1996 and directed the petitioner to vacate the premises. Thereafter the respondent-Municipality by proceedings dated 24-6-1996 directed the petitioner to vacate the premises. However, the Municipal Counsel by its resolution dated 31-7-1996 resolved to lease out the said shop to the petitioner on condition of the petitioner paying the entire lease amount of Rs. 30,000.00. The petitioner is stated to have deposited the amount of Rs. 27,000.00 on 7-8-1996 and he had already deposited a sum of Rs.3,000.00with the Municipality in the auction held in March, 1996.

(3.) The petitioner is stated to have made representation on 28-1-1996 requesting the Municipality to extend the lease in favour of the petitioner in respect of the said shop by accepting the enhanced rent of 33 1/3% as was done in the case of others. The same has been rejected by the respondent-Municipality by proceedings dated 6-2-1997 on the ground that there were certain amounts due to be paid by the petitioner. The petitioner again made a representation on 10-2-1997 making similar request and bringing to the notice of the respondent-Municipality that the petitioner had already paid Rs.30,000.00 as demanded by the Municipality and there are no dues whatsoever from the petitioner payable to the respondent-Municipality. The same has been rejected by the respondent-Municipality- by proceedings dated 13-2-1997 stating that the petitioner's request cannot be considered as he failed to pay the full amount. The petitioner is stated to have made another representation on 15-2-1997 making similar request. While the matter stood thus, the respondents issued notice in ROC No.158/97, G1, dated 15-2-1997 proposing to auction the lease hold rights of all the shops at Vegetable Market, Kandukur whose leases have not been extended, by accepting 33 1/3% lease amount. The auction was scheduled to be held on 5-3-1997. It is at this stage, the petitioner filed this writ petition.