ASHOK INTERNATIONAL Vs. STATE OF A.P.

JUDGEMENT

(1.) In this batch of C.M.As. and C.R.Ps., common questions of fact and law are involved. Hence, they are disposed of through a common judgment.

(2.) For the sake of convenience, the parties are referred to as "plaintiffs" and "defendants".

(3.) The Government of Andhra Pradesh has initiated various steps for the development of Kakinada Port. Fairly large extent of land was identified for construction of godowns and for creation of other facilities around the Port. Many traders were granted long leases of about 30 years by executing lease deeds on 26.03.1996 and incorporating conditions. However, the Government issued notices, dated 15.12.2006 requiring the lessees to vacate the property by 30.06.2007, on the ground that the clause providing for revision of rent for every three years as contemplated under various G.Os. was missing and due to inadvertence, a clause providing for rent only for 30 years was included. After undertaking some correspondence, the effected lessees filed O.S.No.47 of 2007 and batch in the Court of III Additional District Judge, Kakinada, for a declaration to the effect that the respective notices issued to them are illegal and untenable and contrary to the terms of the agreements. They have also filed applications under Order 39 Rules 1 and 2 C.P.C. for temporary injunction, to restrain the defendants therein i.e., the officials of the Government, from interfering with their possession over the property.