- (1.) The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in not granting remission of proportionate licence fee for the period from 1-8-1997 to 21-9-1997 for the shop No.132, Bhoopalpally, Warangal district, as arbitrary and illegal and direct the respondent to refund the proportionate licence fee.
(2.) The petitioner states that pursuant to the notification issued by the District Collector, Warangal district, in CR No.888/ 97/P&E/A3 dated 24-7-1997 inviting the tenders for 32 unsold shops in pursuance of the earlier gazette notification No.8/97/A3 dated 6-4-1997 for the remaining period i.e., from 1-8-1997 to 31-3-1998 for which the upset price of Rs.2,85,000.00 was fixed for the shop no.132 and the petitioner filed his tender by depositing a sum of Rs.75,000.00on 30-7-1997 for the lease amount of Rs.2,87,826.00for the period from 1-8-1997 to 31-3-1998.
(3.) The petitioner submits that against the action of the District Collector, Warangal, proposing to auction the Indian made Foreign Liquor shop No.132 at a shifted place of Bhoopalpally village, one Mr. Gandam Raju and Burra Swamy filed W.P.No.17534/1997 and obtained an interim stay in W.P. MP No.21282/97 dated 30-7-1997 directing the Prohibition and Excise Superintendent, Warangal, not to issue the licence for shop No.132, Bhoopalpally commencing from 1-8-1997. The petitioner herein got impleaded himself in W.P.No.17534/1997 and filed vacate stay petition and the writ petition was dismissed on 10-9-1997. After dismissal of the writ petition, the tender of the petitioner has been finalised on 20-9-1997 and the licence was issued on 22-9-1997. Thus, the petitioner submits that in view of the stay order of this Court, his tender was not finalised and for no fault of him, he was prevented from carrying on the business from 1-8-1997 to 21-9-1997, and therefore, he is entitled for the remission of licence fee for the above said period during which he was not granted any licence and no business was transacted by him.;