HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1070 of 2014 Date: 06.08.2014 Between:
Kalaga Rambabu & others.
… Appellants And Gaggara Suryanarayana & 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 APPEAL No. 1070 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Trial Judge dated 11.07.2014 in W.P.No.19029 of 2014.
The writ petition was filed alleging the action on the part of the official respondents in not considering the application filed by the writ petitioner for renewal of 2-B licence that was required to be necessary for running the business.
The plea of the respondent authority was that a fresh lease deed is required to be executed as the property in question has been transferred in favour of the appellants. The Trial Judge has correctly held that taking note of the transfer followed by attornment of the previous lease by the successor (purchaser/appellant herein) no fresh lease is required.
We are in complete agreement with His Lordship, as we notice from the sale deed that the owners, namely, the vendors of the appellants include successor in interest, so no fresh lease deed is required. The order of the learned Trial Judge is not at all flawed legally. However, we clarify that the authority concerned shall give a notice to the appellants at the time of consideration of application for grant of licence.
The writ appeal is accordingly dismissed. Miscellaneous petitions, if any, pending in this appeal shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 06.08.2014 ES