B.Parameswarlu v. Govt Of A.P.

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 31537 OF 2011 ORDER :

This writ petition is filed seeking writ of mandamus declaring two auction notices bearing No.UBS/4586/2011-12, dated 14.11.2011 and USB/4586/201112, dated 14.11.2011 in respect of 38 shops and 15 shops in Gadwal Municipality as illegal and arbitrary and consequently to declare the impugned proceedings of the 2nd respondent as null and void.

2. It is the case of the petitioners that the 2nd respondent-Municipality is collecting 'Goodwill' apart from regular rents from the petitioners in respect of the shops in their occupation.

3. This Court, by order dated 29.11.2011 directed the respondents not to auction in respect of 'Goodwill'.

4.

The 2nd respondent-Municipality filed vacate stay petition i.e., W.V.M.P.No.44 of 2012 seeking to vacate the interim order granted on 29.11.2011.

5. Heard Sri M.S.Prasad, learned Senior Counsel appearing for the petitioners as well as Sri N.Praveen Kumar, learned Standing Counsel for the 2nd respondent Municipality.

6. Sri N.Praveen Kumar, learned Standing Counsel for the 2nd respondent Municipality states that the auctions in respect of the subject shops have been held and shops were leased out and that now the 2nd respondent-Municipality is not collecting any 'Goodwill'.

In view of the statement of the learned Standing Counsel for the 2nd respondent-Municipality that the respondent Municipality is not collecting 'Goodwill', no further orders are required in this writ petition.

Recording the submission of the learned Standing Counsel, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand dismissed.

_________________________ A.RAJASHEKER REDDY, J 08.06.2015.

KVS

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P.No.31537 OF 2011 Date: 08-06-2015

KVS