Court set aside lease termination order finding termination arbitrary. Petitioner shown willing to repair dilapidated building at own cost to continue hotel business without further interference.
Order of termination dated 02.07.2019 in Rc.No.E14/17A/2019 set aside with liberty to complete renovation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.1714 of 2020
ORDER:
The petitioner had taken on lease of Zilla Parishath Chairman Building, Kurnool for the purpose of running a hotel business. The said lease was obtained on 01.03.2019. After obtaining lease, the petitioner commenced necessary repair works to make the building amenable for running a hotel business in the building. At that stage, the 3rd respondent issued proceedings dated 02.07.2019 in Rc.No.E14/17A/2019, terminating the lease granted earlier on the ground that the petitioner was demolishing the buildings given on lease. Aggrieved by the said order of termination, the petitioner has approached this Court, by way of the present writ petition.
2
reconstruct the roof and run the hotel for the remaining duration of the lease period.
3
fallen and down except the roof. Further, the photographs would also show that the entire building is in a bad shape and requires to be renovated and strengthen before emanating can go on in the said land. In the circumstances, the contention of the 3rd respondent that the petitioner had demolished any part of the building cannot be accepted.
4
building unless there is any further violation of the terms and conditions of the lease.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________ R. RAGHUNANDAN RAO, J. 19.04.2022 RJS
5
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.1714 of 2020
19.04.2022
RJS
2 issues framed by the court
Whether the termination of lease was arbitrary as the collapse of roof was not due to petitioner's actions.
Whether petitioner can be permitted to continue as lessee to carry out repairs and renovation.
Petitioner
3rd Respondent
R. RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
