ORDER V. Gopala Gowda, J.—Pursuant to an advertisement at Annexure-A, the Petitioner participated in the public auction and was the highest bidder for collection of daily market fee. Pursuant to such highest bid, Petitioner states that he has paid some amount. Vide Annexure-C the Commissioner of Town Municipal Council called upon the Petitioner to pay the remaining 2/3rd of the bid amount. The Petitioner thereafter has paid one lakh rupees vide receipt at Annexure-D in addition to earlier deposit of amount of Rs. 2,11,000/- vide receipt at Annexure 'B'. The grievance of the Petitioner is that the Respondents have not restored original position by allowing traders to do business. Hence he has approached this Court seeking a Writ of Mandamus directing the Respondents to restore the original position in the new vegetable market by allowing the vendors to carry on the business within the boundary limits fixed in the notification at Annexure-A. 2. Even though the Petitioner is the highest bidder, until the auction is confirmed and contract is executed in his favour, Petitioner will not accrue any right in the matter. Petitioner has not produced any document to show that contractual right has accrued in his favour. In this view of the matter, the relief sought for by the Petitioner cannot be granted. 3. So far as the letter issued by the Commissioner as per Annexure-C is concerned, he has no power to issue such a letter to the Petitioner without confirming the auction and without executing the contract agreement. 4. As regards the amounts paid by the Petitioner, he is entitled for refund of the same provided he is not due in any amount to the Municipal Council. If the Petitioner files a representation claiming refund of the amounts paid by him, the Respondents shall consider the same and dispose of it immediately. 5. Writ Petition is dismissed subject to the above direction and observations.