Disposed

Shaik Khaja Peera v. The State of AndhraPradesh Department of Muncipal Administration Secretarial Complex

Telangana HC11 Oct 2018WP/31986/2018

Case brief

AI extract

What is this about?

In Writ Petition No.31986 of 2018, the petitioner, a successful bidder for a municipal shop, sought the lease registration and eviction of the unauthorized occupant. The Court ordered the commissioner to complete the process and evict the previous lessee via police aid if needed.

What did the court decide?

Directed the Commissioner to register the lease agreement, hand over possession, and evict the unauthorized occupant within one month.

Shaik Khaja Peera Vs The State of AndhraPradesh Department of Muncipal Administration Secretarial Complex — Telangana HC (2018) — LawSathi Research

¶1

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.31986 of 2018

¶2

ORDER:

¶3

The complaint of the petitioner in the present Writ Petition is the alleged inaction on the part of the respondent No.4/Municipal Commissioner in registering the lease agreement and giving possession of Shop bearing No.21, Ground Floor, New Block, Tadipatri Road, Anantapur, in favour of the petitioner.

¶4

It is submitted by the learned Counsel for the petitioner that the petitioner herein emerged as a successful bidder in the auction conducted on 12.12.2014 pursuant to the auction notice, dated 04.12.2014, in respect of shop room belonging to the Municipal Corporation.

¶5

When the matter is taken up, it is submitted by the learned Standing Counsel for the respondent-Corporation that as the previous lessee is not vacating the subject shop, the respondentCorporation is not in a position to handover the possession to the petitioner herein and not in a position to proceed further.

¶6

In the considered opinion of this Court, this Court finds no justification in the said action. Since the petitioner herein, admittedly, emerged as the successful bidder, it is obligatory on the part of the Commissioner/R.4 herein to complete the further process including registration of lease agreement and handing over possession of the shop, if necessary, by way of taking police assistance.

¶7

For the aforesaid reasons, the Writ Petition is disposed of, directing the Commissioner/R.4 herein to register the lease agreement in favour of the petitioner herein in respect of shop

¶8

¶9

bearing No.21, Ground Floor, New Block, Tadipatri Road, Anantapur, and handover the possession of the shop by getting the unauthorized occupant evicted by taking police aid, if necessary. This exercise shall be completed within a period of one month from the date of receipt of a copy of this Order.

¶10

Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed. There shall be no order as to costs.

¶11

_________________________ JUSTICE A.V.SESHA SAI

¶12

Date :11.10.2018 Smr

Shaik Khaja Peera v. The State of AndhraPradesh Department of Muncipal Administration Secretarial Complex

Case brief

What is this about?

What did the court decide?

Shaik Khaja Peera v. The State of AndhraPradesh Department of Muncipal Administration Secretarial Complex

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. P. Sujatha Vs The Commissioner

Patluri Rohith Reddy Vs The State of Telangana

J. Srinivasa Prabhakar Vs The State of Andhra Pradesh

Korada Ganapathi Harihara Rao Vs the State of Andhra Pradesh

P. Padmavathi Vs Prl. Secy., M.A. and U.D. and 2 Ors.

M/s. Sathi Surreddy and others, Special Class Contractors, Vs State of Andhra Pradesh