M.Prabhakar, S/O M.Chanchaiah, v. The Municipal Commissioner,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.13405 of 2011 ORDER ::

This writ petition is filed seeking to issue 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 AP Municipalities (Regulation of Receipts and Expenditure) Rules, 1968, as being void, illegal and arbitrary and consequently direct the respondents to consider the representation made by the petitioner dated 7-12011 for extending the lease period of shop no.2 situated in Municipal Shopping Complex, Near Leelamahal Cinema Theatre, Akkarampalli Road, Tirupati, for a period of 3 years, as per GO Ms.No.56, dated 5-2-2011 and pass to appropriate orders thereon.

2. This Court by order dated 30-4-2011, while issuing Rule Nisi, granted interim direction as prayed for. In the counter affidavit filed by the 1st respondent, it is stated that the lease 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.

3. Inasmuch as the main prayer in the writ petition and the

interim relief sought in the interlocutory application being one and the same and this Court by way of interim order has already directed the respondents to consider the representation of the petitioner, no further orders need be passed in this writ petition. The writ petition is accordingly disposed of recording the same. Miscellaneous petitions, if any pending in this case shall also stand disposed of. There shall be no order as to costs.

___________________________ A. RAJASHEKER REDDY, J Dated: 18TH September, 2015 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

WP No.13405 of 2011 Web Dated: 18-09-2015 NRG