ORDER :

Sri.Harish Kumar M.S., learned Counsel for petitioner and Sri.M.A.Subramani, learned Counsel for respondent, have appeared through video conferencing.

2. It is stated that the Municipal Council, Harapanahalli, by taking necessary approval from the Deputy Commissioner, Davanagere, issued the tender notification on 06.11.2012 to auction the shop No.4 situated in Block ‘A’ of the complex constructed by the Municipal Council, Harapanahalli under IDSMT scheme for rent.

The petitioner intended to run a provisional store participated in the Tender process by depositing the EMD amount of Rs.1,00,000/-along with other bidders. He participated in the auction and became the successful bidder. The Chief Officer of the Municipal Council, Harapanahalli, finalized the name of the petitioner and sent a report on 22.11.2012 to the Deputy Commissioner seeking permission to allot the shop.

The Deputy Commissioner after noticing that the auction proceeding has been conducted in accordance with law and taking note of the fact that the petitioner being the highest bidder passed the order directing the Chief Officer, Municipal Council, Harapanahalli, to allot the shop to the sole proprietary concern