P SAMBASIVA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE 2nd respondent-Vijayawada Municipal Corporation - issued tender-cum-Auction Notice dated 30. 6. 2008 inviting tenders for grant of leasehold rights in respect of vacant shops in different commercial complexes situated within the area of operation of Vijayawada Municipal corporation. Shop No. 7/a situated in the ground floor of Jerimella Satyanarayana complex was one among the shops included in the said Tender-cum-Auction Notice. The petitioner submitted his tender in respect of the said Shop No. 7/a duly making deposit of Rs. 5,000/- prescribed in the tender notice.

(2.) THE auction was held on 10. 7. 2008 in which the petitioner offered Rs. 1,97,000/-as goodwill and Rs. 1,800/- towards rent per month. One V. Venkateswara Rao offered rs. 1,98,000/- as goodwill and Rs. 1,500/-towards rent per month. Thereafter, the standing Committee of the 1st respondent corporation met on 30. 7. 2008 and accepted the petitioner's tender for Shop No. 7/a. The same was informed to the petitioner by the 1st respondent vide proceedings dated 2. 8. 2008 calling upon him to pay the goodwill amount and six months rent within seven days. The petitioner was also called upon to get the agreement registered in the Office of the Sub-Registrar at his own cost and hand over the same to the office of the 1st respondent. Immediately the petitioner took demand drafts for the amounts payable by him in terms of the proceedings dated 2. 8. 2008. However, when the petitioner went to the office of the 1st respondent to submit the demand draft, the same was not received and he was orally informed that the issue had to be ratified by higher authorities. Thereafter, though the petitioner made several representations requesting the respondents to accept the demand drafts and to take further steps as per the proceedings dated 2. 8. 2008, there was no response.

(3.) HENCE, the present writ petition seeking a declaration that the action of the respondents in not giving effect to the proceedings dated 2. 8. 2008 thereby depriving the petitioner the benefit conferred on him pursuant to the tender notice dated 30. 6. 2008 is arbitrary and illegal.