The Court dismissed a writ petition regarding a lease agreement that had expired in 2006, holding that nothing survives for adjudication on merits. Leave was granted to the petitioners to approach the proper forum for a refund.
Writ petition dismissed with liberty to approach proper forum for refund.
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THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.9237 OF 2003
ORAL ORDER:
Since the lease period expired in the year 2006 itself nothing survives for adjudication on merits.
However, the learned counsel for the petitioners submits that the petitioners are entitled for refund of the amount already paid by them as part payment towards lease amount.
It is always open to the petitioners to work out the appropriate remedy before proper forum for such relief.
Accordingly, granting leave and liberty to work out the appropriate remedy for refund of the amount, if any due to them, the writ petition is dismissed. No costs.
___________ G. ROHINI, J.
th 18 July, 2007. Kgr
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No.9237 OF 2003
18th July, 2007
Between:
M. China Satyam and another. ... Petitioners.
And
The District Panchayat Officer, West Godavari District, at Eluru and others. .. Respondents.
1 issue framed by the court
Whether a refund of the amount paid as part payment for an expired lease is maintainable in a writ petition.
M. China Satyam and another
The District Panchayat Officer, West Godavari District, at Eluru and others
G. ROHINI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
