HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 8443 OF 2010 DATED 25TH SEPTEMBER, 2014.
BETWEEN Sunkara Subba Reddy and ors …Petitioners And Government of Andhra Pradesh, rep. by its Prl. Secretary, Department of Municipal Administration and Urban Development, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 8443 OF 2010
ORDER:
Heard the learned Counsel for the petitioners and learned Government Pleader for Respondents 1 and 2.
The petitioners are lessees of shop Nos. 1 to 6, 8 to 18 and 20 to 23 in Amarjeevi Municipal Shopping Complex, Ongole, Prakasam District. The petitioners established various petty shops after taking the said shops on lease from the third respondent-Municipality. They have been continuing in the aforesaid shops on enhancement of lease amount by 33 ¼ of rent for every three years. While so, the petitioners submitted representation on 11.5.2005 to respondents 3 and 4 for extension of lease period and third respondent passed a resolution on 29.4.2006 extending the lease period from 01.10.2004 to 31.09.2007 and asked the petitioners to pay enhanced rent through proceedings dated 30.5.2006. Accordingly they paid the enhanced rent. When the lease period came to an end on 30.09.2008, the lease period was further extended for a period of three years. While so, the fourth respondent issued proceedings dated 12.03.2010 directing the petitioners to vacate the shops in view of the orders passed by this Court in Writ Petition No. 6354 of 2009 in respect of Cinema Theatre pertaining to Nalgonda Municipality wherein the lease of the said theater was renewed for 25 years at a stretch. The third respondent relying on Memo No. 18823/112008-1, dated 17.11.2009 issued by the first respondent, which was issued based on the order of this Court dated 25.8.2009 passed in Writ petition No. 6354 of 2009, asked the petitioners to vacate the shops. The petitioners undertook before the respondents for paying enhanced rent, but the respondents without considering the same, directed them to vacate the shops. In these circumstances, the present Writ Petition was filed challenging Memo. No. 18823/J1/2008-1, dated 17.11.2009 issued by the first respondent.
A reading of the letter in Roc.No.1189/03-A, dated 12.03.2010 of the third respondent indicates that there are 25 shops in Amarjeevi Complex in which the lease of shop No.7, Shop No. 24 and Shop No.25 was going to expire on 28.2.2012 and 31.12.2012 and the lease period for the rest of 22 shops was going to expire by 31.3.2010 since they completed 25 years. In view of the Memo dated 17.11.2009 issued by the Government, the municipal council passed a resolution on 26.2.2010 resolving for cancellation of leases and accordingly the petitioners were directed to vacate the shops and handover the same to Municipality by 30.03.2010.
This Court by interim order dated 16.04.2010 granted stay of all further proceedings for a period of two months subject to the condition of petitioners paying 50% over and above the rent with effect from the month of May, 2010. Later the said interim order was extended and made absolute and by virtue of the said order, the petitioners were continued in their respective shops.
Though lease of the shops was expired on 01.10.2007, the same was extended by further period of three years. In that view of the matter, if the lease in favour of the petitioners was renewed, they shall be continued till the end of the period and thereafter respondents 2 and 3 are at liberty to take action in respect of the leases in accordance with Rules, Government Orders and law in vogue.
Subject to the above observation, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 25TH SEPTEMBER, 2014.
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