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High Court for State of TelanganaWP/34241/2012disposed of no costs

P.Krishna v. The Commissioner,

2015-08-17A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.34241 OF 2012

O R D E R

This writ petition is filed questioning the proceedings in Rc.No.B5/194/2000, dated 06.09.2012 issued by the 2nd respondent terminating the lease agreement of the petitioner in respect of Shop No.82 at Uphills, Yadagirigutta and consequential order of the 1st respondent dated 05.10.2012, as illegal and arbitrary.

The case of the petitioner is that he was granted lease of a premises on the uphills of Yadagirigutta in the year 2001 for selling medicines for a period of one year and the same was being extended from time to time on enhancement of rent, the last of such extension was in the year 2008 for a period of 3 years i.e., 01.08.2008 to 31.07.2011. Before the expiry of the lease period i.e., on 31.07.2001, the petitioner made application for renewal of lease and the same is pending. Pending the same, the 2nd respondent issued proceedings dated 06.09.2012 terminating the lease agreement of the petitioner. Aggrieved by the same, the present writ petition is filed.

Learned counsel for the petitioner submits that the shops were demolished and the persons whose shops were demolished the respondent-temple have allotted alternate shops. Heard the learned Government Pleader for Endowments and Sri C.H. Satish Kumar, learned Standing counsel for the 3rd respondent. Since the shops were already demolished and lease granted in favour of the petitioner was also expired by 31.07.2011, the cause in the writ petition does not survive. Since it is states that the persons whose shops were demolished were allotted other shops, it is open for the petitioner to make an application. On such application being filed, it is for the respondents to consider and dispose of the same in accordance with any scheme or allotment made to others as per law. With the above direction, the writ petition is disposed. There shall

be no order as to costs.

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

___________________________ A.RAJASHEKER REDDY,J Date: 17.08.2015 dv