J SINGARAIAH Vs. PRODDUTUR MUNICIPALITY

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the action of Respondent No. 1 in cutting short the lease period of the Petitioners vide impugned order, dated 05.08.2011, as illegal and arbitrary. The Petitioners sought for a consequential direction to Respondent No. 1 to forbear from dispossessing the Petitioners from their respective municipal shops at Sivalayam street, New Vegetable Market and K.K. Street, Proddutur, Kadapa District, without following due process of law.

(2.) I have heard Sri Vedula Venkatramana, learned senior counsel for the Petitioners and perused the record.

(3.) The Petitioners were granted lease of right to run the shops belonging to Respondent No. 1 vide separate resolutions for a period of 25 years. The lease periods in respect of some shops ended in 2004 and in other cases in 2007. No proceedings were initiated either for the Petitioners' eviction or for further renewal. The fact remained that till a resolution was passed by Respondent No. 1 on 21.06.2010 renewing the lease for a further period of three years, no steps were taken either for the eviction of the Petitioners or for further renewal of the lease period. The resolution of Respondent No. 1 was placed before Respondent No. 2 for approval under Rule 12 (1) of the A.P. Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 (for short 'the Rules'). The said Respondent issued G.O.Ms. No. 120, dated 31.03.2011, whereby it has turned down the request of Respondent No. 1 for approving its resolution and directed the Commissioner and Director of Municipal Administration, Hyderabad, to put the lease of all the shops for public auction wherever the lease period of 25 years have come to an end. As a sequel to the said decision of Respondent No. 2, notices were issued to the Petitioners by Respondent No. 1 to show cause why the lease shall not be cancelled within seven days from the date of receipt of the said notices and eventually final order, dated 05.08.2011, was passed cancelling its earlier resolution.