IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3329]

FRIDAY ,THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 25284/2024

Between:

Sathineni Vijaya Kumar, ...PETITIONER

AND

The Andhra Pradesh State Road Corporation and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.RAMESH BABU NELATURI

Counsel for the Respondent(S):

The Court made the following:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 25284/2024

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the action of the respondents in sealing my shop without any prior notice in respect of Open Space Shop No.10 as illegal, arbitrary, malafide and against to principles of natural justice and violative of Articles 19(1)(g) and 21 of Constitution of India and consequentially direct the respondents to unseal the shop No.10 and allow the petitioner to continue in the said shop till the completion of extended license period and pass such other order or orders ….."

2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.

3. Learned counsel for the petitioner submits that the petitioner herein is a lessee, who entered into an agreement with the respondent Corporation in respect of Shop No.10 situated at Narsipatnam Bus Station, Narsipatnam for a period of five years i.e., from 22.08.2019 to 04.09.2024. But within time, the respondents have not taken any steps either for extension of lease period or for granting of new license in favour of the new persons. Pending such exercise, the respondents extended the period of license/ lease in favour of the petitioner for a period of three (03) months or till finalization of the tenders which may call, whichever is earlier vide orders dated 24.08.2024. Pursuant to the temporary extension orders, the petitioner continued for a period of two (02) months but not completed three (03) months. In the meanwhile, as per the extension orders dated 24.08.2024, the tenders were called and the same were finalized.

4. Learned counsel for the petitioner further submits that without completing three (03) months period pursuant to the extension made by the respondents, the respondents are trying to evict the petitioner from the subject shop. Hence, the writ petition.

5. On the other hand, learned Standing Counsel appearing for the respondents furnished written instructions dated 14.10.2024 issued by the 4th respondent wherein, it is clear and categorical that the subject temporary extension of lease granted in favour of the petitioner is either for a period of three (03) months or till finalization of tenders, whichever is earlier. After extension of the lease in favour of the petitioner, the competent authority finalized the tenders. Pursuant to the finalization of the tenders, the subject shop was already allotted to successful bidder vide proceedings dated 14.10.2024 and the same is in accordance with law. It is further stated that the petitioner does not have any right over the premises since the extension itself is for a period of three (03) months or till finalization of tenders whichever is less. Learned Standing Counsel appearing for the respondents further submits that since tenders were finalized and subject shop is allotted to third party, the petitioner is canvassing his rights contrary to the terms of the extension and also terms of the original lease agreement. Hence, the writ petition is liable to be dismissed.

6. Having regard to the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents and on perusal of the written instructions dated 14.10.2024, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to allow the petitioner to vacate the subject shop and take away his belongings and other equipments whatever kept in the said shop within a period of one week from today i.e, on or before 15.11.2024 subject to payment of any arrears to be payable by the petitioner.

7. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J

08.11.2024 BSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.25284 of 2024

08.11.2024 BSP