M.Prabhakar v. The Municipal Commissioner, Tirupati Municipal

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.6970 OF 2011 ORDER:

The writ petition is filed seeking a writ of mandamus declaring the action of the respondents in not considering the request made by the petitioner for extending the lease period as per the A.P.Municipalities (Regulation of Receipts and Expenditure) Rules, 1968 as illegal and arbitrary, and consequently direct the respondents to consider the representation made by the petitioner dated 07.01.2011 for extending the lease period of shop No.6 of Municipal Shopping Complex, situated at Leelamahal, Akkarampalli Road, Tirupati, for a period of three years as per the Regulations.

Heard and perused the material.

This Court, by order, dated 18.03.2011, while issuing rule nisi, granted interim direction as prayed for. The first respondent stated that the lease period was only for a period of three years and on expiry of the lease period, the petitioner shall handover the property in question in its original condition without any prior notice. That it is not mandatory to extend the lease after expiry of the lease period. Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner in accordance with law. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 25.01.2017 pln