Petitioner seeks to issue a Writ of Mandamus to declare Condition No.V(f) of Auction Notification of the respondent published in the District Gazette, Chittoor, dated 08-04-2002, and the action of the respondent in not refunding the advance amount of Rs.1,50,000/- paid by the petitioner by way of DD as illegal and arbitrary and against the principles of natural justice and to direct the respondent to refund the said amount along with interest.

2. It is the case of the petitioner that pursuant to the notification, dated 08-04-2002, issued by the respondent for grant of lease hold rights for sale of Indian Liquor, Foreign Liquor and Beer in retail under IL 24 licence for the lease year 2002-03, the petitioner submitted an application on 15-04-2002 along with challan for Rs.5,000/- towards non-refundable application fee and also D.D. for a sum of Rs.1,50,000/- towards 1/3rd of the annual licence fee. It is stated that he could not present on the date of selection fixed on 17-04-2002, as an accident took place in front of the bus, in which he was travelling, which resulted in blockage of road. As he was not present at the time of selection, the amount paid by him was said to hav