Smt.D.Jyothi Lakshmi, Wife Of Naga Bushana, v. The State Of Andhra Pradesh Represented By Its

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.7915 OF 2015 O R D E R:

This petition is filed for a writ of Mandamus declaring the action of the 5th respondent in giving the public auction notification vide R.C.No.08/2005 dated 18.03.2015 in order to dispossess the petitioners from their respective leased premises at Chintaparthy Grampanchayat Complex, New and Old Situated in Bus Stand of Chintaparthy Village, as illegal and arbitrary and against the principles of natural justice and consequently, to set aside the public auction notification.

The case of the petitioners is that they are the lessees of various shops at Chintaparthy Grampanchayat Complex, New and Old Situated in Bus Stand of Chintaparthy Village and they are having valid and subsisting lease till 31.03.2015 and even before expiry of the lease period, the impugned notification has been issued for leasing the shops, which are in their occupation for further periods and one of the conditions for participating in tenders is deposit of Rs.50,000/-. Aggrieved by same and the action of respondents in proceeding with the auction without following due procedure, the present writ petition is filed.

Learned counsel for the petitioners submits that already the petitioners have deposited certain amounts in pursuance of the earlier auction and the same is lying with the respondents and the action of the respondents in insisting deposit of the amounts may not arise and the deposits which are lying with the respondents can be taken into consideration for the purpose of participating in the auction.

A perusal of the notification discloses the period of lease to be granted in pursuance to the notification dated 18.03.2015, as such the contention of the petitioners that notification has been issued for grant of lease even before the expiry of lease does not arise and the said contention is misconceived.

Admittedly, the petitioners' lease is going to be expired on 31.03.2015 and it is not the case of the petitioners that they are evicted from the premises even before the completion of the lease period, since lease period mentioned in the notification commences from 01.04.2015.

This Court held that once the lease period is expired and when no rule is brought to the notice of the Court for extension of the lease, this Court is not inclined to grant relief as claimed by the petitioners. In view of the same, I do not see any reason to entertain this Writ Petition.

Accordingly, the writ petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________ A.RAJASHEKER REDDY, J 24.03.2015 ska