T. Venkat Rao v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7416 OF 2016 O R D E R:

This Writ Petition is filed questioning the inaction of the respondent Nos.2 and 3 in considering the applications of the petitioners dated 04.02.2016 and 05.02.2016 for renewal of lease in respect of Shop Nos.13 and 14 of shopping complex of Kothavalasa Gramapanchayat (V&M), Vizianagaram District. It is the case of the petitioners that they are the tenants of Shop Nos. 13 and 14 at shopping complex of Kothavalasa (V&M) of Vizianagaram District and doing jewellery business in the said shops since 2011 and the same is being renewed from time to time by the 3rd respondent-Gram Panchayat. It is further stated that the petitioners have applied to the respondent Nos.2 and 3 on 04.02.2016 and 05.02.2016 for renewal of lease of the said shops subject to enhancement of rentals and also requested the authorities not to conduct any auction. But, the respondentsauthorities without disposing of the applications submitted by the petitioners proceeding to conduct the auction of lease hold rights of the above said two shops by evicting the petitioners. Hence, the present writ petition.

A perusal of the material available on record shows that the respondents-authorities are making attempts to evict the petitioners from the above said shops even without considering the applications submitted by them. Having regard to the facts and circumstances of the case and especially in view of the applications pending before the respondents-authorities, it is appropriate to dispose of the writ petition directing the

respondents-authorities to consider and dispose of the applications dated 04.02.2016 and 05.02.2016 of the petitioners within a period of four weeks from the date of receipt of a copy of this order. However, the petitioners are entitled to participate in the auction that may be conducted by the respondents-authorities. Further, it is made clear that the petitioners shall be allowed to continue in the existing premises until their applications are disposed of or till the auction process is finalized, whichever is earlier.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. In sequel miscellaneous petitions pending, if any, shall also stand closed. ----------------------------------- CHALLA KODANDA RAM, J Dated:18.03.2016.

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