Sucessors of original lessees approached the Court for lease renewal beyond 25 years. The Court held that renewal is barred under the 1968 Rules and disposed of the Writ Petition, though petitioners may participate in any future auction.
Petitioner relieved; no order as to costs; pending miscellaneous petitions closed.
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THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.25075 OF 2021
ORDER:
When the matter is taken up, on instructions, it is brought to the notice of this Court by Sri M.Manohar Reddy, learned Standing Counsel for the second respondent-Narsipatnam Municipality, that the petitioners herein are not the original lessees and they are the successors of the original lessees and, as per sub-Rule (4) of Rule 12 of the A.P.Municipalities (Regulation of Receipts and Expenditure) Rules, 1968, no renewal beyond 25 years can be granted. It is further submitted that the subject shops have been in possession and enjoyment of the predecessors of the petitioners and later the petitioners herein and in all these cases original leases were granted in the year, 1994.
In view of the above situation, which is not in dispute, no relief can be granted in the present Writ Petition. However, it is open for the petitioners herein to participate in the auction, if any, proposed by the second respondent-Narsipatnam Municipality.
Accordingly, Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
03rd November, 2021. Tsy
3 issues framed by the court
Whether relief can be granted to successors of original lessees seeking lease renewal beyond 25 years when no renewal is permitted under the rules.
Whether petitioners are eligible to participate in an auction for the shops.
Whether the Writ Petition seeking lease renewal can be allowed.
1 provisions across 1 enactments
Petitioners
Narsipatnam Municipality
A.V.Sesha Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
