G RAMI REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This case brings to light an instance of a Municipal Council misusing its powers to help a private individual at the sacrifice of public revenue and when, at long last, the Municipal Council tried to rectify its mistake and set matters right, the State Government preventing it from doing so by unwarranted interference from above.

(2.) This writ petition has been filed by a ratepayer of the Municipality in question for an appropriate writ under Article 226 of the Constitution directing the authorities to act in accordance with law.

(3.) The following facts, leading up to the filing of the writ petition, speak for themselves: The Municipality of Cuddapah owns a theatre known as Muddukrishna Theatre centrally situated within the Municipality. For a very long time, the theatre was being leased out by public auction. The last public auction was held on 11-10-1951. On that occassion, the 3rd respondent (R. V. Parthasarathy Prasad) was the highest bidder; the bid amount was Rs. 2400.00 per month and the period of lease was five years as from 1-12-1951. A lease deed was executed by the 3rd respondent for a period of five years ending with 31-12-1956. One of the conditions of the lease was that the rent had to be paid by the 25th of every month.