D. Channaveerappa, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.30467 OF 2018 ORDER :

Heard counsel for petitioners, learned Government Pleader for Municipal Administration & Urban Development appearing for the first respondent and Sri Md.Saleem, learned Standing Counsel appearing for the second respondent, apart from perusing the material on record.

Obviously, on the ground that the period of lease exceeded twenty five years, the impugned tender notification has been issued by the second respondent-municipality. It is submitted by the learned counsel for the petitioners that the lease granted, vide Roc. No.681/2016/A1, dated 06.04.2017, is valid till 31.12.2019. While dealing with the A.P.Municipalities (Regulation of Receipts and Expenditure) Rules, 1968, framed under the A.P.Municipalities Act, 1965, a Division Bench of this Court in W.P.No.6354 of 2009, on 25.08.2009, categorically held that, beyond a period of twenty five years, lease cannot be renewed and no such power is vested in the municipality. Therefore, the impugned action cannot be faulted. However, it is open for the petitioners herein to participate in the ensuing tenders.

With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

__________________ A.V.SESHA SAI, J 28th August, 2018 Tsy