M/S. Nomad v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.16164 of 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

"....to issue an appropriate Writ, order or direction, one more particularly in the nature of a "Writ of Mandamus" by declaring the action of 2nd Respondent in issuing impugned Lease Termination notice dated 18.04.2017 whereby the Deed of License dated 27.10.2015 entered into between the Petitioner and 2nd Respondent was sought to be terminated as illegal, arbitrary, unconstitutional and violative of Article 19 of Constitution of India and consequently set aside same and award costs and pass such other order or orders as this Hon'blc Court may deem fit and proper in the circumstances of the case."

2.

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

3.

Learned Government Pleader for Tourism basing on the counter affidavit submits that the petitioner has not paid the arrears of rent and has not complied with the interim order of this Court. He further submits that the period of license granted to the petitioner has expired since the license was only for a period of two years commencing from 27.10.2015, as such, the cause in the writ petition does not survive for adjudication.

4.

On 28.04.2017, this Court granted interim suspension of the letter, dated 11.04.2017, passed by the 2nd respondent, provided the

petitioner pays the outstanding amount within 15 days. A perusal of the license goes to show that the lease is only for a period of two years commencing from 27.10.2015 and the said lease expired by efflux of time. More so, it is stated that the petitioner has not paid the arrears. 5.

Accordingly, the writ petition is dismissed granting liberty to the respondents to recover the dues, if any, pending against the petitioner.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. No order as to costs. __________________________ A. RAJASHEKER REDDY, J 17th July 2019 mar