D. Balappa v. Apsrtc ( Tsrtc),

THE HON'BLE SRI JUSTICE S. V. BHATT WRIT PETITION Nos.24252 AND 25582 OF 2014 COMMON ORDER:

The petitioners pray for mandamus complaining against the alleged action of respondent - Corporation in interfering with and dispossessing them from premises covered by lease letters dated 19.06.2014 as illegal and unconstitutional.

On 28.08.2014 and 03.09.2014, this Court directed maintenance of status quo by the parties in both the writ petitions. The respondent - Corporation filed W.V.M.P.No.3032 of 2015 in W.P.No.24252 of 2014 and W.V.M.P.No.3043 of 2015 in W.P.No.25582 of 2014.

In the counter affidavits, it is specifically stated that petitioners are continuing their business in terms of letters dated 19.06.2014. This Court would have given quietus to the controversy complained in the Writ Petitions, but Sri B. Mayur Reddy, learned Standing Counsel appearing for respondent - Corporation, places on record the show cause notice dated 19.03.2016 issued by the Corporation to the petitioner in W.P.No.24252 of 2014 and contends that the petitioners are in breach of paying rentals to the Corporation, a few breaches are noticed in the enjoyment by the petitioners, the respondent - Corporation has received reply to the show cause notice dated 19.03.2016 and intends to proceed in accordance with law. The submission is based on the subsequent events to the Writ Petitions.

Hence, it is open to the respondent - Corporation to proceed in terms of the agreement, if the licencee committed any breach and pass orders in accordance with law.

With the above observation, the Writ Petitions are disposed of. No order as to costs.

Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed.

______________ S. V. BHATT, J Date:22.04.2016 KH