Chukkapalli Sandeep vs The State Of Andhra Pradesh
2021 Latest Caselaw 2575 AP

           THE HONOURABLE SRI JUSTICE D.RAMESH

                WRIT PETITION NO.14584 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.45/88/A4/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. In respect of petitioner Nos.6, 8

and 12, lease period will expire in November 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., from April

2020 to till now, almost two years out of three years of lease

period. 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 has submitted that for majority of the

shops, the lease period has expired a long back, as the petitioners

have not paid the rents, the authorities have thought to bid the

subject property for public auction, as directed by the Division

Bench of this Court in W.A.No.676 of 2017. He also submitted that

as far as Shop Nos.1, 2, 3, 6, 8, 9 and 11 were already seized and

locked.

5. Learned counsel for the petitioners has contended that in the

same Division Bench 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. He also

submitted that after filing the writ petition, the shop Nos.1, 2, 3, 6,

8, 9 and 11 were locked and seized.

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 and

not to put the shop Nos.1, 2, 3, 6, 8, 9 and 11 for auction. 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: 24.07.2021 VSL

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION NO.14584 OF 2021

Date: 24-07-2021

VSL