P S E HUSSAIN Vs. COMMISSIONER MUNICIPALITY ANAKAPALLE

JUDGEMENT

(1.) The petitioners in these two Writ Petitions are the lessees of Anakpalle Municipality, Anakapalle, Visakhapatnam District, the sole respondent herein, in relation to the shops in a complex known as High School Shop Rooms and also the shops on the main road near Municipal Play Ground Complex. According to the petitioners, they were inducted as tenants in accordance with the Andhra Pradesh Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 ('the Rules' for brevity) framed by the Government of Andhra Pradesh in G.O.Ms.No. 686, Municipal Administration, dated 30-7-1968. They have been the lessees for the last 15 years and they contend that their leases have been extended from time to time in accordance with the Rules.

(2.) The respondent issued a special notice dated 18-10-2002 requiring the petitioners to give their willingness for renewing the leases for another period of three years from 1-10-2002 and the petitioners gave their willingness inter alia submitting that the rent being charged is already on the high side and, however, they are willing to continue as tenants on the same rent.

(3.) The Commissioner of Anakapalle Municipality, purporting to act in accordance with Resolution No. 236 dated 28-2-2003 passed by the Municipal Council, issued proceedings increasing the present rent by 331/3% over the existing rent. Assailing these proceedings, Writ Petition No. 7700 of 2003 is filed.