- (1.) The petitioners allege that they are the petty vegetable vendors in vegetable market at Uppal, maintained by the respondent in furtherance of the provisions of Sections 276 and 277 of the Andhra Pradesh Municipalities Act, 1965 (in short 'the Act'). They approached this Court with the following relief: A writ of mandamus declaring the action of the respondent in not allotting the shops to the petitioners in Vegetable Market, Uppal and issuing a notification in Ref. File No.D/1555 dated 1-11-1999 as illegal and arbitrary.
(2.) In the affidavit accompanying the writ petition they claim that they have been carrying on the vegetable business since 1978. Some officials also assured them that they will be given pukkah shops on a reasonable rent as and when the construction is made. All these assurances are oral assurances. Now the respondent after completion of the municipal shops in the municipal market has issued an auction notice dated 1-11-1999, which is impugned in this writ petition. The auction is for allotting the 44 shops of different sizes to a person who gives the maximum bid towards the goodwill amount, which is minimum of Rs.50,000/- for a shop admeasuring 12' x 24' and a minimum of Rs. 15,000/- for a shop admeasuring 8' x 8'. In fact, the notification also reserves shops for the persons belonging to Scheduled Castes, Scheduled Tribes and persons who are physically challenged (physically handicapped).
(3.) The learned Counsel for the petitioners Smt. Sobha submits that having been allowed to carry on their business in the vegetable market on payment of market fee and having given assurance that they will be allotted pukkah shops in the market, the respondent cannot act in an arbitrary manner and defeat the legitimate expectation of the petitioners. I am afraid, this submission is misconceived.;