B Pushpavathi Vs the State of Andhra Pradesh

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APHC010356972023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3330]

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TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No.18332 of 2023

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Between:

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B PUSHPAVATHI, W/O LATE B. HULIKUNTAPPA, AGED 65 YEARS, R/O H.NO.10-1-58, LAKSHMI BAZAR, RAYADURGAM, ANANTHAPURAMU DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE COMMISSIONER, SPECIAL ENFORCEMENT BUREAU, ANDHRA PRADESH, APIIC BUILDINGS, MANGALAGIRI, GUNTUR DISTRICT.

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THE PROHIBITION AND EXCISE SUPERINTENDENT, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU.

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THE PROHIBITION AND EXCISE INSPECTOR, RAYADURGAM, ANANTHAPURAMU DISTRICT.

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THE CIRCLE INSPECTOR, SPECIAL ENFORCEMENT BUREAU, RAYADURGAM, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S):

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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 action of the respondents in not crediting the arrears of rent from August 2019 to April 2021 in respect of petitioner's premises bearing D.No.9/3/370/1, Rajeev Gandhi Colony, Rayadurgam, Ananthapuramu District to the petitioner along with 12 per cent interest as illegal and arbitrary and

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consequently direct the respondents to pay the arrears of rent of petitioner's premises bearing D.No.9/3/376/1, Rajeev Gandhi Colony, Rayadurgam, Ananthapuramu District from September 2019 to April 2021 along with 12 per cent interest.

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Counsel for the Petitioner:

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1.N ASWARTHA NARAYANA

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Counsel for the Respondent(S):

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1.GP FOR PROHIBITION EXCISE

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2.GP FOR GENERAL ADMINISTRATION

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

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"…..to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not crediting the arrears of rent from August 2019 to April 2021 in respect of petitioner's premises bearing D.No.9/3/370/1, Rajeev Gandhi Colony, Rayadurgam, Ananthapuramu District to the petitioner along with 12% interest as illegal and arbitrary and consequently direct the respondents to pay the arrears of rent of petitioner's premises bearing D.No.9/3/370/1, Rajeev Gandhi Colony, Rayadurgam, Ananthapuramu District from September 2019 to April 2021 along with 12% inter and pass such others……"

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The petitioner is seeking a direction to the respondents for payment of rent due to the petitioner from August, 2019 to April, 2021. Excise Department (earlier known as SEB) represented by 4^th respondent entered into an agreement of lease to run Prohibition and Excise Station in the premises of the petitioner from August, 2017 to August, 2019. Accordingly, the lease agreement was entered in between the petitioner and the 4^th respondent. Thereafter, the petitioner has submitted a representation to the respondents on 24.06.2019 to extend the lease agreement for a further period and to enhance the rent. No order has been passed on the representation dated 24.06.2019. However, the respondents are continuing in the said premises as tenant holding over, as defined under Section 116 of the Transfer of Property Act, 1882.

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"The Section 116 of the Transfer of Property Act postulates that the lessee remaining in possession after the determination of the lease which is conduct indicative, in ordinary circumstances, of

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his desire to continue as a tenant under the lessor and implies a tacit offer to take a new tenancy from the expiration of the old on the same terms so far as they are applicable to the new situation, and when the lessor assents to the lessee so continuing in possession, he tacitly accepts the latter’s offer and a fresh tenancy results by the implied agreement of the parties."

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The respondents have vacated the premises on 16.04.2021. As the respondents have not paid the rent from September, 2019 to April, 2021, the present Writ Petition is filed seeking a direction to the respondents for payment of lease/rent amount.

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The 3^rd respondent has filed counter and admitted that the rent was paid upto September, 2019 and the remaining rent was not paid to the petitioner from 01.10.2019 to 16.04.2021 on the ground that the petitioner has not executed the advanced tax receipts and the respondents have not disputed the due amount to the petitioner.

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In a catena of cases, this Court had held that where dispute revolves round questions of fact, the matter ought not be entertained under Article 226 of the Constitution. In the present case, the respondents have not disputed the payment of rent/lease amount due to the petitioner.

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In the case of The D.F.O., South Kheri And Ors. Vs. Ram Sanehi Singh reported in (1971) 3 SCC 864, the Apex Court held that when a State decides not to pay the dues with mala fide, with ulterior motives or arbitrarily or when the State avoids payment of the dues with mala fide, with ulterior motives, arbitrarily or when the State discriminates, while

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making payment dues, such a decision of the State not to pay or such an act of the State of not paying its dues cannot be said to be wholly beyond the reach of Article 226, for asking the writ Court to do is to force the State to act in accordance with its constitutional obligation by adhering to the letter and spirit of Articles 14 and 21 of the Constitution of India.

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Therefore, this Court, by exercising its jurisdiction under Article 226 of the Constitution of India, is inclined to dispose of the Writ Petition, directing the writ petitioner herein to submit the advanced stamp receipts as required under law to the respondents and on receipt of the same, the Prohibition and Excise Department is directed to pay the rent/lease amount to the petitioner with in a period of two months from the date of receipt of stamp receipts.

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