CHENNAKESAV REDDI, J.

( 1 ) THIS is an appeal preferred against the order of our learned brother P. A. choudary J. , by the petitioner in W. P. No. 937 of 1981. By which the writ petition was dismissed.

( 2 ) THE relevant facts that resulted in the filing of the writ petition are these the petitioner is the Begum Bazar Fish Marchants association. All the members of the Association are fishmongers. They have their shops in the Begum Bazar market. They have been granted licences by the commissioner of the Municipal corporation of hyderabad to sell fish in the stalls in the Municipal market the municipal market at Begum Bazar has 39 stalls the market belongs to the hyderabad Municipal corporation and the market is meant exclusively for the sale of wet fish. The Municipal corporation of Hyderabad, maintains some other markets for the sale of wet fish. They are located in Secunderabad Nizam shahi Road Nimboli adda panja Gutta etc.

( 3 ) THE Hyderabad Municipal corporation levies different rates of stallages, rents and fees in municipal markets and slaughter-houses for the use and occupation of a stall or open space in a municipal market and for the right to expose fish for sale at the rates fixed the stallages and rents and the rights to expose wet fish for sale in all the markets except the one at Begum Bazar but the right to collect charges imposed by the corporation in so far as the Begum Bazar market is concerned. Is sold by public auction. The commissioner issued a Notification on 10-2-1981 bringing it to the notice of the intending bidders that the right to collect fees on the sale of wet fish at Begum Bazar market will be sold in the public auction on 27-2-1981. Aggrieved against the said Notification the petitioner-Association has filed this writ petition questioning the right of the Hyderabad Municipal corporation to auction the right to collect fees on the sale or the right to expose goods for sale. It is also contended in the writ petition that the fees chargeable under S. 534, Hyderabad Municipal corporation Act, 1955 (hereinafter referred to as the Act) is a licence fee for the right conferred to sell and that once a licence is granted after collecting the fees, the authority cannot collect any fees the authority cannot collect any fees for each transaction of sale and impose a fee each time the goods are brought into the market. It is further submitted that the power exercised by the corporation in auctioning only the right to collect fees on the sale in the Begum Bazar market and not in respect of the other markets which are also maintained for the same purpose is discriminatory and violative of art. 14 of the Constitution.

( 4 ) THE writ petition is resisted by Municipal corporation contending that the Municipal corporation has got the power under S. 534 of the Act to sell the right to collect the fee by conducting public auction and that the contractor who acquires such right as the highest bidder at the auction will collect at the rates fixed by the corporation and that there is no express bar in S. 534 of the Act which disables the Municipal Corporation from putting public auction of its right to collect fees for the right of the members to sell or expose goods for sale in the municipal market. It is also pleaded that the petitioners are in no way affected by the auction and no injury or loss in caused to the petitioner-association or any other vendors and that the writ petition is therefore not maintainable. The writ it is submitted has become infructuous since the auction in pursuance of the impugned notification for the year 1981-82 has been held and fresh auction was again held for 1982-83 also on 8-4-1982.

( 5 ) THE learned single Judge dismissed the writ petition holding that as an owner of the Municipal market the corporation has undoubted authority under S. 534 of the Act to charge rent and fee for use and occupation of the stalls open space etc. , and that as a proprietor of the property it can employ th

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