B.Krishna, R.R.Dist. And 13 Others v. The Commissioner Of Endowments Dept. And 2 Othrs

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN WRIT PETITON No.13106 of 2011 ORDER:

The relief sought for in this Writ Petition is for a mandamus to declare the action of the respondents, in seeking to evict the petitioners from the respective shops situated at Sree Padmavathi Venkateswara Swamy Devasthanam, ECIL X Roads, Kushaiguda, without considering the petitioners representations dated 11.02.2009 and 20.04.2011 for extension of lease of the petitioners shops, as arbitrary and illegal. The petitioners, fourteen in number, are all tenants of different shops belonging to Sree Padmavathi Venkateswara Swamy Devasthanam. These shops were constructed in 1994, and the petitioners were allotted shops. It is their case that, while they had paid an advance of Rs.25,000/- each, petitioner No.4 had deposited Rs.

65,000/-, for construction of shops; consequently lease deeds were executed in the petitioners favour in 1995, for a period of five years, on a monthly rent of Rs.600/-; the rent fixed for petitioner No.4 shop was Rs.1,300/-; these leases were extended periodically thereafter for a period of three years each from 01.10.2003 on a monthly rent of Rs.1,500/- with enhancement between Rs.400/- to Rs.1,500/-; thereafter the lease was extended for a further period of three years from 01.10.2006 to 30.09.2009, at an enhanced rent of Rs.1,690/- per annum; though they had submitted representations, seeking further extension of lease, the respondents had sought to evict them from the subject shops which were in their possession for the past more than seventeen years; and the action of the respondents is illegal.

It is not in dispute that the subject shops belong to the respondent endowment, or that the petitioners were initially granted a lease for a period of five years which were periodically extended thereafter for a term of three years each. The petitioners cannot claim extension of lease in perpetuity. As the rules require the subject shops to be leased through public auction, it is always open to the petitioners, on an auction being held, to participate therein. No mandamus can be issued to the respondents to grant leases to the petitioners in perpetuity. The Writ Petition, as filed, is wholly misconceived and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall stand closed. No costs.

_______________________________ RAMESH RANGANATHAN, ACJ Date: 25.01.2018 MRKR