Smt. D. Viayalaxmi v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.44945 of 2018

ORDER

This writ petition is filed seeking a writ of mandamus to declare the order dated 20.09.2018 passed in Rc.No.C1/2490/2018 by the second respondent granting licence to the petitioner's shop bearing No.9-4-123/1/C, having plinth area of 105 sq. ft., situated at Regimental Bazar, Secunderabad, and a consequential notice dated 05.10.2018 issued by the third respondent for payment of enhanced rent, as illegal and arbitrary.

2.

Heard learned counsel for the petitioner, learned Government Pleader for Endowments for the first and second respondents and learned Standing Counsel for the third respondent. 3.

The grievance of the petitioner is that the rent was enhanced @ 300% for extension of licence rights to her shop and other shops in violation of the Circular dated 18.05.2010 vide Memo No.20175/Endt.I(2)/2010-11 issued by the Principal Secretary to the Government, Endowments Department.

4.

Learned counsel for the petitioner submits that the petitioner has submitted a representation dated 14.11.2018 to the second respondent for reduction of rents, but the same has not been considered.

CKR, J W.P.No.44945 of 2018 5.

When the matter is taken up for admission, learned Standing Counsel for the third respondent, has placed on record a letter dated 08.02.2017, addressed by the petitioner and other tenants to the third respondent, stating that they had agreed to pay rent @ 260% from June 2016 onwards, in the meeting. 6.

In the light of the above, the issue raised in the writ petition does not require further consideration.

However, as the representation dated 14.11.2018 of the petitioner is pending before the second respondent, without expressing any opinion with respect to the O.As., pending before the Endowments Tribunal, the second respondent is directed to consider the said representation of the petitioner and pass appropriate orders in accordance with law, subject to permissibility.

7.

With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ CHALLA KODANDA RAM, J 12th December, 2018 sj