N SRI KUMAR Vs. BAPATLA MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner preferred both these writ petitions against Bapatla Municipal Council represented by its Commissioner. It is convenient to dispose of the latter writ petition first because the result of the earlier writ petition depends on the decision in the latter one.

(2.) The petitioner states that he has been the lessee of a small shed situated near Chandrakala Park, close to the Railway Station in Bapatla, for the last twenty years. The petitioner states that originally the rent for the said shed was Rs.50.00 per month which was increased to Rs. 151.00 and then to Rs. 200.00 and then to Rs. 300.00 and again to Rs. 400.00 per month. He states that in 1986, the respondent-Council, on his application, renewed the lease of the shed for five years from 1-4-1986 to 31-3-1991 enhancing rent from Rs. 400.00 per month to Rs. 534.00 per month. He states that the site adjoining the said shed was also teased to him at Rs. 450.00 per month for the same period and that he has been paying the rent regularly. He applied for further renewal of lease on 18-2-1991 for another five years from 1-4-1991 to31-3-1996 and he continued as a lessee from 1-4-1991 onwards and he has been paying the rents regularly at Rs. 534.00 for the shed and Rs.450.00 for the open site per month. On 22-2-1993, the respondent directed him to pay enhanced rent increasing the rent by 33 1/3 per cent of the rent that was being paid by him from 1-4-1991. The enhanced rent came to Rs. 1,312 per month (adding 33 1/3 percent of Rs. 984/ - i.e., adding Rs. 534 and Rs. 450). The petitioner paid the difference in rent of Rs.328.00 per month for 23 months which came to Rs.7.544.00 by 15-3-1993. Thereafter, the petitioner continued to pay the enhanced rent at Rs. 1,312/ - per month for the shed and the adjoining site. The petitioner states that the respondent was contemplating to put leasehold right to auction on 20-3-1993. Along with the writ petition he filed a copy of the notice in R.C. No. I809/90/A1 dated 4-3-1993, wherein it is stated as follows: "In the above orders the shop and adjoining site was given as lease for 5 years from 1986-87 to 1990-91 at Rs. 984.00 (532 + 450). Though lease period was over by 31-3-1991, you have been continuing business there paying old rent. Notice has been given to pay 33 1/3% over and above the old rent from 1-4-1991. In resolution No. 83 dated 14-8-1992 the Municipal Council resolved to hold publication of the leasehold right for 3 years from 1-4-1993 to 31-3-1996 expecting more income to the Municipality. Therefore to hold auction of the leasehold right for a term of 3 years from 1-4-1993 and give it on lease you are hereby informed to deliver possession of the room on 31-3-1993."

(3.) In writ petition No. 3381 of 1993, the petitioner seeks for a writ of mandamus or any other appropriate writ, order or direction, directing the respondent not to put to auction, the leasehold right of the premises in his occupation i.e., the shed room and adjoining site near Chandrakala Park in Bapatla, and not to evict him from the said premises.