- (1.) Heard Sri K. Chidambaram, learned counsel representing the petitioner, learned Government Pleader for Panchayat Raj, Sri Mokkapati Prabhakara Rao, learned counsel representing 3rd respondent and Sri Gade Venkateswara Rao, learned counsel representing 4th respondent.
(2.) The writ petition is filed praying for issuance of writ of mandamus or any appropriate writ order or direction declaring the action of the respondents 1 to 3 in not conducting public auction for leasing out the collection of Aasil (tax) weekly shandy of Challapalli Gram Panchayat and granting such right to 4th respondent from the year 2002-03 without conducting public auction as arbitrary, illegal and contrary to rules and pass such other suitable orders.
(3.) This court while ordering Rule Nisi on 28.03.2006 made the following order in W.P.M.P.No.7753 of 2006. "The case of the petitioner is that the Gram Panchayat conducted public auction for leasing out the collection of Aasil (tax) in the weekly shandy for the year 2002 and the 4th respondent has became highest bidder and the lease was granted in his favour which was ended by 31.3.2003. Thereafter, without conducting the auction the said lease was extended in favour of the 4th respondent by enhancing 5% of the amount for 2004-05. It is stated that every year the lease was renewed in favour of the 4th respondent on enhancement of certain percentage without conducting auction and the said lease was extended upto 31.3.2006 for an amount of Rs.2,85,000/-. It is stated that the 3rd respondent is contemplating to lease out the same in favour of the 4th respondent for Rs.3,00,000/- for the year 2006-07, even though the petitioner has offered Rs.4,00,000/-. It is stated that the 3rd respondent has taken unreasonable decision to extend the lease in favour of the 4th respondent for the amount of Rs.3,00,000/-. Having regard to the facts and circumstances of the case, respondents 2 and 3 are directed not to lease the collection of Aasil for weekly shandy of Challapalli Gram Panchayat for the year 2006-07 in favour of the 4th respondent. Respondents 2 and 3 are further directed to conduct public auction for collection of Aasil for the weekly shandy of the 3rd respondent Gram Panchayat for the year 2006-07 subject to condition that the petitioner deposits the sum of Rs.1,00,000/- within two days from the date of receipt of a copy of this order before the 3rd respondent and offers the minimum bid as Rs.4,00,000/-. If such deposit is made, respondents 2 and 3 are directed to conduct auction and whoever offers more than the minimum bid of the petitioner of Rs.4,00,000/- it shall be given to the highest bidder. If there is no bid amount more than Rs.4,00,000/-, the lease of the said weekly shandy has to be made in favour of the petitioner treating him as highest bidder.";