Shaik Mahammad Ismail, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.24934 of 2018 ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and Sri M.D.Saleem, learned Standing counsel, apart from perusing the entire material on record. The complaint of the petitioners, in the present Writ Petition, is that, despite emerging as highest bidders in the auction, conducted on 18.01.2017, the Commissioner, Nandyal Municipality-third respondent herein has not handed over their shops to them and no orders are being passed thereafter. On the other hand, it is submitted by the learned Standing Counsel that, since the petitioners herein quoted less than Rs.3,00,000/-, their offer was not accepted by the Commissioner, Nandyal Municipality-third respondent herein and, thereafter, the aggrieved carried the matter before the Municipal Council, Nandyal Municipality-second respondent herein and the second respondent passed a resolution for conducting fresh auction.

On the other hand, it is submitted by the learned counsel for the petitioners that the petitioners are ready to pay the arrears, if any, and also to pay Rs.3,00,000/-, and, eventually, a request is made by the learned counsel that the petitioners may be permitted to submit a representation before the third respondent herein for consideration of their request.

In view of the above submission, without expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, leaving it open for the petitioners to submit a representation before the Commissioner, Nandyal Municipality-third respondent herein, with all particulars, within a period of one week from the date of receipt of a copy of this order, and, if any such representation is made, the same be considered and appropriate further action be taken, strictly in accordance with law.

Accordingly, Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

___________________ A.V. SESHA SAI, J 04th September, 2018 Tsy