KAMINENI SANKAR RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking a writ of mandamus for declaring the orders contained in Memo dated 23.11.2012, issued by the Government of Andhra Pradesh in its Municipal Administration and Urban Development Department, observing that extension of lease by 25 years more in favour of the petitioner as not advisable, as bad in law. The Commissioner, Srikakulam Municipality, pursuant to a notice issued in his Re. No. 4241/2009/A4, conducted public auction for conferring the leasehold rights on two of the immovable properties, in the form and shape of kalyana Mandapam, available with it at two different locations. The petitioner is concerned with the kalyana mandapam situate near the Zilla Parishad Guest House. Auctions were conducted on 18.12.2009 and the petitioner emerged as the highest bidder for his bid of Rs. 67,000/-. Accordingly, leasehold rights for a period of three years are conferred upon him by executing a lease deed in his favour on 12.4.2010. It will be important to notice that the three-year period of lease has commenced on 1.5.2010 to end by 30.4.2013. In the mean time, the petitioner has pointed out that the leased premises is not the same extent, as is notified in the public auction, and consequently, he sought for reduction of the lease amount proportionately.

(2.) In fact, no such request should have been entertained by the respondents, but however, they were considerate and granted the leasehold rights for a reduced rate of Rs. 45,500/- per month. The petitioner continued to pay the said amount and there is no default committed by him. While so, he sought for extension by at least a further period of three more years, subject to the condition that he will pay the enhanced lease amount at 33% more than the rate at which he is currently paying the lease amount. It is also the case of the petitioner that such a request has been forwarded for consideration by the Director of Municipal Administration to the State Government, but it is the State Government, which has turned down such a request through the impugned memo, which gave rise to the present lis.

(3.) Heard Sri P. Durga Prasad, learned Counsel for the writ petitioner, the learned Government Pleader for Municipal Administration as well as the learned Standing Counsel for Srikakulam Municipality Ms. Shanti Neelam.