P DILLI BABU REDDY Vs. GOVERNMENT OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY ENDOWMENTS(REVENUE) DEPARTMENT SECRETARIAT HYDERABAD

JUDGEMENT

(1.) THE Petitioner, a Publisher-cum-Chief Editor of a local news paper published from Tirupathi, challenges the legality and validity of the orders passed by the second respondent on 16.03.2012 declining to extend the period of license and requesting the petitioner to vacate the premises under his occupation within three days.

(2.) THE writ petitioner who is a resident of Tirupathi town is a Publisher-cum-Chief Editor of an eveninger published from Tirupathi. THE second respondent Tirumala Tirupati Devasthanams (T.T.D. for short) was endowed with several buildings and immovable properties in and around Tirupati town, and one such building which is situate at Tilak Road, at Tirupati is known as Sridevi Complex. Room No.14, located in the II Floor of the said Sridevi Complex was allowed to be occupied by the writ petitioner pursuant to a license granted in his favour by the second respondent. THE terms and conditions subject to which the license was accorded were placed at pages 59 to 61 of the paper book filed in support of this writ petition. THE necessary proceedings granting the license were passed by the second respondent on 16.04.2008. In accordance with the terms of the license, the petitioner was granted permission to carry on the business mentioned in the aforesaid proceedings. Condition Nos.1 to 3 make this position explicitly clear. Condition No.5 thereof required the licensee to pay the license fee by 05th of every succeeding month and non payment of the license fee shall entail cancellation of the license apart from the levy of penalty of 24% p.a. on the arrears of the license fee till the date of payment in full. Condition No.10 thereof sets out that the licensee shall not act to the detriment of the interests of the Devasthanams in any manner. Condition No.13 reserves the right of access and entry into the licensed premises and to carry out inspection by the Officers and Staff of the T.T.D. Condition No.15 sets out that the license is liable to be cancelled for violation of any of these terms and conditions of the license. THE writ petitioner quietly entered upon the demised premises on 04.08.2008 and he is entitled to remain in possession thereof for a period of three years, which, were to expire on 03.08.2011, subject of course to his payment of the monthly license fee of Rs.4,535/-.

(3.) HOWEVER, even before the writ petitioner could file his detailed explanation to the show cause notice dated 11.01.2011, the second respondent passed orders on 24.01.2011 cancelling the license granted in favour of the petitioner to occupy Room No.14, situate in the II Floor of Sridevi Complex, Tirupathi. The writ petitioner instituted W.P. No.3790 of 2011 challenging the correctness and legality of these orders dated 24.01.2011. Entertaining the said writ petition, an interim order was passed by this Court in W.P.M.P. No.4694 of 2011, suspending the operation of the orders of the second respondent dated 24.01.2011. Consequently the writ petitioner continued to occupy Room No.14 of Sridevi Complex. On 13.07.2011, the writ petitioner has been served with a final notice by the second respondent drawing his attention to the fact that the license granted in his favour is to expire on 03.08.2011 and hence called upon the petitioner to clear all dues and quietly vacate Room No.14 on 03.08.2011, without fail. In response to this final notice, the petitioner has filed a representation dated 25.07.2011, which was sent by him through registered post on 26.07.2011, requesting for extension of the period of license.