The High Court, upon learning that the respondents had already paid rental amounts up to 31.01.2023, closed the writ petition seeking mandamus for lease rentals and directed the petitioners to work out other remedies.
Writ petition closed; liberty granted to petitioners to claim other amounts due under law.
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.
[3303 |
I s :
HIGH COURT FORTHE STATE OFTELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
WRIT PETITION NO: 36934 OF 2022
Between:
...PETITIONERS
AND
...RESPONDEN'TS
Petition under Article 226 of the Constitution of India praying that in the circumstanccs stated in the affidavit filed therewith, the High Court may be pleased to, issue a writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of declaring the action of the Respondents No.3 in not paying the admitted lease rentals (as per the statement shown in Annexure P-25) to the petitioner lor lease ol thc Pctitioner's Premises bearing Municipal No.1-2-52ll admeasuring 25279 Sq.ft cornprising ol' Building and Premises bearing Municipal No_ l-2-52l2( partl adrneasuring 24652.14 Sq.ft corrprising of Building and Sheds known as,.Vishwa Bharathi Campus" situatcd at Brindavan Estate, Nizampet Road, kukatpally MedchalMalkajgiri District, Tclangana Statc Subject Premises despite the issuance of proccedings bearing No.A/65/DMW0/20 t9 dared 20-09-2019 issued by Respondent No.2 and execution of the Lease Deed dated 27-09-2019, between the Petitioners and Respondenr No.3 as bcrng arbitrary illegal and unconstitutional and consequcntly direct thc Rcspondents No.J to make the admitted lease payments to, the Petilioner in accordance
/
! a
with thc Proceedings bcanng No.A/65/DMW0/2019 datcd 20-0') i ( l9 and Lease Deed dated, 2'/ -09 -201 9 :
IA NO: 1 OF 2022
Pctition under Section l5l CPC pruying that in the circ: r.:;tanccs stated in thc affidavit filed in supl ort ('l the petition, thc High Court may [rr Jrleased to direct thc Respondent No.3 to f,,rthuith relcase the k)tal amount of Rs.l.5l l:!.800/- (Rupees Onc Crore Fifiy One l-ak[ Fifteen Thousand and Eight Hundred onll )t,:r tho Petitioner i.e,, Rs.1,28,10,000/- (Rup:es Onc Crore Twenty Eight Lakh and Ten'l lu,usand only)towards the accrued admitted t utstanding lease rcntals fbr thc lcase ol Petit oners leased premises for the period fron 22..01-2021 to 3l -09-2022 rogether rv llr GST amount of Rs.23,05,800/-(Rupee: T rventy Threc Lakh Five Thousand and Eigl t I{undred onty)
Counsel for the Petiti( ncr : SRI. K S A NAIIASIMHA RAO
Counsel for the Respo rdcnt I to -3 : GP FOII SOCIAL WELFART
Thc Court madc tho fi llowing:
HON'BLE SRI JUSTICE J. SREENTVAS RAO
WRIT PETITION No.36934 OF 2
ORDER:
When the matter is taken up for hearing, learned counsel appearing for the respondent Nos. 1 to 3 submits that the respondents have already paid rental amounts by way of cheque to the petitioners up to 31.01.2023, there are no arrears. He further submits that the par[iculars of the payments made by the respondents filed along with memo vide USR No.17286 of 2022 dared 15.02.2023. The learned counsel Narasimha K.S also submits that the respondents paid the undisputed amounts.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
SD/-B. CHANDRAPRAKASH ASSISTANTREGISTRAR
//TRUE COPYII
SECTIONOFFICER
To,
One CC toSRl.K S A NARASIMI{A RAO Advocate[OPUC]
!,-tu
HIGH COURT
JSR, J
DATED:16/02/2023
ORDER
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WP.No.36934 ot 2022
WRIT PETITION IS CLOSET) OF WITI{OUT C]OS''S
1 issue framed by the court
Whether the writ petition for outstanding lease rentals should be decided in view of pending payments made by the respondents.
A.V.V.Raju
Smt. A.Bharathi
Principal Secretary, State Minorities Welfare Department
Secretary, Telangana Minorities Residential Educational Society
District Minorities Welfare Officer
Justice J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
