IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY , THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN :PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WP .NO:26286 of 2011 Between:
A. Poornachandra Rao S/o. Appa Rao . Petitioner AND
1 Vijayawada Municipal Corporation, rep.by its Commissioner, Vijayawada
2 The Deputy Commissioner, Vijayawada Municipal Corporation, Vijayawada
3 The Special Officer, Vijayawada Municipal Corporation, Vijayawada . Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd respondent in calling for tenders for leasing out premises Kandukuri Kalyana Mandapam, Gandhi Nagar, Vijayawada is illegal, arbitrary and unconstitutional and contrary to G.O.Ms.No.389, MA. dated 24.9.2004 and consequentially direct the respondent for extend the lease for another three (3) years for the premises Kandukuri Kalyana Mandapam, Gandhi Nagar, Vijayawada;
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI T. S. VENKATARAMANA Advocate for the Petitioner and of Smt. G. Jhansi, S.C. for respondents, the Court made the following:
ORDER: Smt.G.Jhansi, learned Standing Counsel for Vijayawada Municipal Corporation, takes notice for the respondents and seeks time for filing counter affidavit.
Put up along with W.P.No.26263 of 2011.
A perusal of the record shows that in case of one K.Srinivas, the lease was renewed for the second time from 04.02.2011 to 03.02.2014. The petitioner raises this as one of the pleas of discrimination and arbitrary action in not extending the same consideration in his favour.
In view of the above, this Court finds prima facie case, balance of convenience and irreparable injury in favour of the petitioner for granting interim order. The respondents are directed not to take further steps for leasing out the Kalyanamandapam in question in public auction until further orders. The petitioner shall pay the rent at the enhanced rate of 33 1/3% from the date of expiry of the lease, which shall be subject to further orders.
//TRUE COPY// ASSISTANT REGISTRAR for ASSISTANT REGISTRAR To
1 The Commissioner, Vijayawada Municipal Corporation, Vijayawada
2 The Deputy Commissioner, Vijayawada Municipal Corporation, Vijayawada
3 The Special Officer, Vijayawada Municipal Corporation, Vijayawada ( 1 to 3 by RPAD)
4. One C.C.to Sri T.S.Venkata Ramana Advocate (OPUC)
5. one spare copy. Bsr HIGH COURT CVNR.J DATED 20-09-2011 PUT UP ALONG WITH W.P.NO. 26263 OF 2011 ORDER W.P.NO. 26286 OF 2011 DIRECTION Bsr Dt. 21-9-2011 HIGH COURT CVNR.J DATED 20-09-2011 PUT UP ALONG WITH W.P.NO. 26263 OF 2011 ORDER W.P.NO. 26286 OF 2011 DIRECTION