Andhra Pradesh High Court - Amravati
Vadde Chandra Sekhar vs The State Of Andhra Pradesh on 20 July, 2021
Bench: D Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.14236 OF 2021
ORDER:
This petition is filed under Article 226 of the Constitution of
India, seeking the following relief:
"to issue such appropriate Writ, Order or direction more particularly
one in the nature of Writ of Mandamus, declaring the action of the
2nd respondent in issuing eviction orders (Final Notice) in
RC.No.45/88A4/ZoneIII(Revenue) dated 11-02-2021 without any
prior notice and also not considering the representation made by
the petitioners associations on 27-05-2020 and 17-07-2020 for
extension of lease and reduction of rental in view of COVID-19
Pandemic situation and not using the discretionary power under
section 148 of VMC act in view of the present Pandemic Situation
and also threatening the petitioners on 17-07-2021 to vacate the
shops without following the principles of natural justice is illegal
and arbitrary and consequently set aside the said eviction order,
dated 11-02-2021 without following due process of law."
2. All the petitioners are the lease holders for the shops in TSR
Complex, Visakhapatnam by different lease deeds, executed by the
2nd respondent, in different dates. Most of their leases were
expired by September 2019 and June 2020, and some of them
existing till September 2021.
3. While things stood thus, all the petitioners have made
representations to the 2nd respondent, bringing about their
inability to pay the rents because of lack of business and non-
opening of the shops due to COVID 19 situation, i.e., almost a year
from March 2020 to June 2021, except some brief period in 2020.
They formed into an association and made a representation on
27.05.2020, 17.07.2020 to the 2nd respondent, requesting to
enhance the lease period and also to reduce the lease amount.
Some of them have also made a representation on 19.07.2021 for
extension of lease period. Though there is specific provision under
the Act, that the authorities are empowered to extend the lease
period, without extending the same, the respondent authorities
have passed the present impugned orders, on 11.02.2021 and on
the same date, directed the petitioners to vacate the lease premises
for providing the respondents to conduct public auction.
4. Sri S.Lakshmi Narayana Reddy, Standing Counsel appearing
on behalf of the respondents have submitted that for majority of
the shops, the lease period has expired a long back, as the
petitioners have not paid the rents from February 2021 onwards,
the authorities have thought to bid the subject property for public
auction, as directed by the Division Bench of this Court in
W.P.No.675 of 2017.
5. Learned counsel for the petitioner has contended that in the
same judgment the Court also held that the authorities are not
precluded from extending the lease period taking the factual
aspects into consideration, in view of the same, requested to direct
the respondents to consider the representations made by the
petitioners on sympathetic view, to extend the lease period with a
considerable time.
6. Learned Standing Counsel for the respondents submitted
that the authorities would consider the representations made by
the petitioners and pass appropriate orders within a short period.
7. Considering the above submissions, this Writ Petition is
disposed of, at the stage of admission, with the consent of both the
counsel, directing the 2nd respondent to consider the
representations made by the petitioners, dated 27.05.2021 and
19.07.2021 as per the rules and pass appropriate orders, taking
pandemic situation into consideration, communicate the same to
the petitioners. Till such time, the respondents shall not take any
coercive steps pursuant to eviction orders, dated 11-02-2021. It is
needles to state that the petitioners also settle the amounts to the
respondent-Corporation in the meanwhile. There shall be no order
as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
______________________
JUSTICE D. RAMESH
Date: 20.07.2021
Pnr
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.14236 OF 2021
Date: 20-07-2021
Pnr
