The High Court closed Writ Petition No. 25974 of 2014, involving a plea to declare a lease memo illegal, arbitrary, and violative of law. The Court noted that no further orders were necessary as interim orders already permitted the petitioner to remain in occupation.
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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 25974 OF 2014
Between:
Battula Jaya Lakshmi, S/o Laxmana Rao, Age 36 years, Occ; Business, R/o H.No. 10-14-3/20, Akulavari veedhi, Mallikharjunapet, Vijayawada, Krishna District, Andhra Pradesh. .
...PETITIONER
AND
Endowments Department, Secretariat, Hyderabad, TelanganaState.
Executive Officer.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction, more particularly, one in the nature of writ of Mandamus, declaring the Memo in Rc.No.Cl/540/2 014
dated 10-08-2014, issued by the 3^^ respondent herein as illegal, arbitrary and violative of procedure contemplated under sections 83 & 84 of the Act, and violative of Article 14 of the Constitution of India and consequently direct the respondents herein, to extend the lease period by another 3 years.
I.A. NO: 2 OF 2014fWVMP. NO: 2897 OF 2014)
Between:
...PETITIONER/RESPONDENT N0.3
AND
...RESPONDENT/WRIT PETITIONER
...RESPONDENTS/RESPONDENTS
Petition under Section 151 CPC praying that in thecircumstances stated in the Counter affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt.04.09.2014 passed in WPMP.No. 32460 of 2014 in WP.No. 25974 of 2014.
r
I.A. NO: 1 OF 2014(WPMP. NO: 32460 OF 2014)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writpetition, the High Court may be pleased direct the 3rd respondent herein, not toevictthepetitionerfrom Shop measuring 6x4 Sq. feet at Down Hill, Durga BathingGhatpending disposal of the main writ petition.
Counsel for the Petitioner: SRI B THIMOTHI
Counsel for the Respondent Nos. 1 & 2: GP FOR ENDOWMENTS
Counsel for the Respondent No.3: SRI G RAMANA RAO (SCFOR ENDOWMENTS)
The Court made the following: ORDER
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APHC010829972014
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction)
TUESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 25974/2014
Between: Battula Jaya Lakshmi, ...PETITIONER
AND
Government Of Andhra Pradesh Rep By Its Principal and ...RESPONDENT(S) Others
Counsel for the Petitioner:
1.B THIMOTHI Counsel for the Respondent(S): 1.VT M PRASAD 2.GP FOR ENDOWMENTS (AP)
The Court made the following:
Order:
This Writ Petition is filed, under Article 226 of theConstitution of
India, seeking for following relief;
“....to issue any appropriate Writ Mandamus deciaringtheMemo in Rc.No.C1/540/2014 dated 10.08.2014, issued by the 3'^^ respondent herein as illegal, arbitrary and violative of procedure contempiated under sections 83 & 84 of the Act, and vioiative ofArticie 14 of the Constitution of India and consequently direct the respondentsherein to extend the iease period by another 3 years and passsuchother order or orders as may deem fit and proper in the circumstancesof the case....”
. I
- This Court has passed the order vide order dated 04.09.2014 in the
present writ petition in W.P.M.P.No.32460/2014, thesameisreadsasunder:
"Heard the learned counsel for the petitioner and Sri V.T.M.Prasad, Standing counsel for the respondent No.3.
2
Having regard to the order dated 19.08.2014 passed by this Court in W.P.(S.R.) No.130268/2014 and batch, petitioner is permitted to continue in the shop in her occupation till the publicauction is held on payment of enhanced rent @35% over and above existingrentand arrears, if any. In case of default, it is open for the respondents to take appropriate action for his eviction. It Is also open to the petitioner to participate in the proposed auction asandwhen it is held by the third respondent. It is made clear that the petitioner would be entitled to remain in occupation of the shop in question only till the lease agreement is entered into with the highestbidder in the public auction”.
- Today, when the matter is taken up for hearing, none appeared for the petitioner.
Heard learned Government Pleader for Endowments.
- Having regard to the submission of learned GovernmentPleader for Endowments and upon perusing the material available on record, this Court is of the opinion that in view of the above interim order,nofurtherordersare required to be passed in this writ petition. Hence, the writ petition is liable to be closed.
J
- With the above observation, this writ petition is closed.Thereshallbe no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
To,
//TRUE COPY//
SD/- G SRINIVAS REDDY DEUPTY REGISTRAR SECTION OFFICER
TF
HIGH COURT
DATED:24/09/2024
ORDER
WP.No.25974 of 2014
O
K* 17 FEB 2023 I
Vi' . Current Section
CLOSING THE W.P. WITHOUT COSTS
1 provisions across 1 enactments
Battula Jaya Lakshmi
Government of Andhra Pradesh
The Commissioner of Endowments, Andhra Pradesh
Sri Durga Malleswara Swamy Varla Devasthanam
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
