Garre Balakrishna v. The Govt. Of Andhra Pradesh

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 2949 of 2017 ORDER:

The writ petitioners claim that they are in occupation of small extents of temple property on account of lease granted in their favour in the year 1994. They would state that, from time to time, lease was being extended and, all of a sudden, respondent - authorities proposed to auction the subject property on 30.01.2017 for a period of three years. Petitioners state that they are required to be evicted only by following due process of law and, till such time, the subject property cannot be put to auction.

Learned Standing Counsel appearing for respondent No.6 resists the writ petition.

Having considered the respective submissions, it is not in dispute that lease, originally granted to the petitioners, was initially for a period of three years and, thereafter, the same was being extended from time to time. In other words, petitioners are continuing in possession of the subject property without there being any extension of lease as on date as, admittedly, lease granted to them expired by December, 2016. However, considering the fact that the petitioners are in possession, liberty is given to participate in auction and, till conclusion of the auction proceedings, they shall be allowed to continue in the

subject property subject to payment of proportionate lease rentals in terms of existing lease. In the event, petitioners are not successful bidders, they shall be given one month time to vacate and handover possession of the subject property.

With the above observations, Writ Petition stands disposed of.

Miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs.

___________________________________ JUSTICE CHALLA KODANDA RAM Date: 30.01.2017 usd