Telangana High Court
WP/25114/2004 of Shiak Khaja, Vs The Commissioner, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25114 of 2004 Between: Shiak Khaja, s/o Saidulla, r/o Dwaraka Nagar, Indira Colony,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25114 of 2004
Between:
Shiak Khaja, s/o Saidulla,
r/o Dwaraka Nagar, Indira Colony, D.No.41-1/5-70, Vijayawada.
AND
..... PETITIONER
1 The Commissioner, Municipal Corporation of Vijayawada, Vijayawada.
2 The Commissioner of Police, Vijayawada.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ order or direction more particularly in the nature of WRIT OFMANDAMUS declaring the action of the respondents in insisting the petitioner toenter into an agreement pursuant to the tender-cum-auction notice in Rc.No.A7-10822/99, dated 13-12-2004 contrary to the Resolution No.48/177, dt.27-8-98ignoring "No parking Zone" as illegal, and consequently direct the respondents toenter into an agreement as per the resolutions in force in particular resolutionNo.48/177, dt.27-8-1998.
Counsel for the Petitioner: MR.N.SUBBA RAO
Counsel for the Respondents: MR.T.S.VENKATARAMANA
The Court made the following :
O R D E R :
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Heard counsel for both sides and with their consent the writ petition is disposed of atthe stage of admission.
The petitioner filed this writ petition seeking a writ of Mandamus declaring the actionof the respondents in insisting the petitioner to enter into an agreement pursuant tothe tender-cum-auction notice in Rc.No.A7-10822/99, dated 13.12.2004, contrary tothe Resolution No.48/177, dated 27-8-1998 and ignoring ‘No Parking Zone’, asillegal and consequently direct the respondents to enter into an agreement as perthe Resolutions in force, in particular Resolution No.48/177, dated 27-08-1998.
The case of the petitioner is that he stood as a highest bidder for an amount ofRs.7,25,000/- in the auction held on 20-12-2004, pursuant to the tender notification No.RcA7-10882/99, dated 13-12-2004, for collection of parking fee in NTR Parking-cum-Commercial Complex atVijayawada city, for a period of one year commencing from 12-1-2005 to 11-1-12006. The grievance of the petitioner is that without specifying ‘No Parking Zone’,as has been declared by the first respondent-Corporation vide resolution No.48/177,dated 27.8.1988, the first respondent has been insisting the petitioner to enter intoan agreement, which is contrary to the contracts hitherto granted. At the time ofparticipating in the auction, on a representation submitted to the DeputyCommissioner regarding the boundaries, it was assured to the petitioner the termsand conditions of the notification for the year 2003-2004 would be applicable andthe boundaries of the No Parking Zone would be written at the time of issuing ordersto the highest bidders. It is his case that even on the representation, dated 21-12-2004, the first respondent promised strict implementation of the ‘No Parking Zone’.
In view of the facts and circumstances of the case, I deem it appropriate to direct thefirst respondent to consider the representation dated 21.12.2004 in terms of the resolutions passed by the first respondent-Corporation, in particular the ResolutionNo.48/177, dated 27-08-1998 and pass appropriate orders thereon. However, tillpassing of such orders, the first respondent shall not insist the petitioner to enter intolease agreement.
With the above observations the writ petition is disposed of. No order as to costs.
31.12.2004.
mdaa.
Copy to:
1 The Commissioner, Municipal Corporation of Vijayawada, Vijayawada.
2 The Commissioner of Police, Vijayawada.
3. Two C.D.copies.
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