THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.1455 of 2010 DATE: 26.06.2014 Between:
K.Laxmi Narayana, Nalgonda District.
… Petitioners And The Government of Andhra Pradesh, Rep. by its Secretary, Department of Municipal Administration and Urban Development, Secretariat, Hyderabad and others … Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.1455 of 2010
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition is filed with the following prayer:
“To issue a writ, order or direction more particularly one in the nature of writ of mandamus by declaring the action of the respondents in issuing the tender notification Proceedings Roc No.A1/434/2009, dt.23.01.2010 (Published in Andhra Jyothi on 24.01.2010) in so far as and in respect of the petitioner’s premises viz., Plot/Shop No.15/A, Over Drain Area, Krishna Talkies Road, Prakasam Bazar, Nalgonda, for leasing to the third parties and to declare the proceedings No.A1/434/2009, dt.24.11.2009 as illegal, arbitrary and against the principles of natural justice and further direct the 2nd respondent not to evict the petitioner from Shop/Plot No.15/A, Over Drain Area, Krishna Talkies Road, Prakasam Bazar, Nalgonda and to pass such other order or orders.”
On identical issue involved in this matter, we have passed judgment in W.P.No.1249 of 2010 today. The relevant portion of the judgment reads as under:
“We do not find any justification under the law to stay the hands of the respondent – Municipality as the petitioners and each of them have no enforceable right either legally or otherwise for seeking any direction against the respondents as such. We, therefore, direct the municipal authority to issue fresh notice for leasing out the respective premises in accordance with law and it would be open for the petitioners and each of them to participate in such auction for leasing out, if so advised. In this process, if any of them become successful bidders, obviously their possession should not be disturbed. If any of them become unsuccessful, obviously the possession shall be given to the successful person after evicting the petitioners and each of them with due process of law, as is required against unauthorized occupants.”
The aforesaid judgment will be applicable to this Writ Petition also. Hence, this Writ Petition is also disposed of in terms of the said judgment. There shall be no order as to costs. Miscellaneous petitions, if any pending, shall stand closed.
K.J. SENGUPTA, CJ
SANJAY KUMAR, J
Date: 26.06.2014
va/bnr