HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26839 OF 2008 DATED 10th November, 2014.
BETWEEN M/s.V.Rosaiah, N.P.Reddy & Co, Rep. by its Prop. Sri VLVS Krishna Kumar, Guntur.
….Petitioner And The Guntur Municipal Corporation, Guntur, rep. by its Commissioner and anr.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26839 OF 2008.
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the first respondent.
The petitioner is running a petrol bunk in the site comprised in T.S.No.722 of Kothapet in Guntur town. The said site belongs to the first respondent. The site on which petrol bunk is running is to an extent of 2880.46 feet. The said site belonging to the first respondent has been leased out to the petitioner for the last 50 years. The lease deed is being renewed from time to time. Even as per the statement of the first respondent, the lease amount is being paid on only 311 square yards. In the counter affidavit filed by the first respondent, it is stated that the petitioner has been in occupation of 355 square yards including the drain site. Evidently the drain site cannot be included in the leased out area, however the petitioner has been the lessee of the first respondent for more than 50 years.
The first respondent ought not to have demanded the rent as per their notice dated 23.01.2009 since they have been paying continuously rent for the area leased out by them. It appears that the first respondent issued notice on 23.01.2009 demanding an amount of Rs.56,808/- + Rs.11,202/-( rent for the month of July), in total Rs.No.68,010/- on the ground that the petitioner is liable to pay the said amount as it being in arrears. The said amount is calculated based on the extent of site covered by drain site also. The first respondent, as held above, is entitled to collect the rent for the site it leased out to the petitioner and second respondent. In the circumstances, the Writ Petition is disposed of directing the first respondent to collect the amount from the petitioner and second respondent for the area leased out to them, for which, the petitioner and second respondent are ready and willing to pay the same. The first respondent shall consider for renewal of lease in accordance with the rules.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 10th November, 2014. Msnrx