Writ Petition No. 531 of 2017. Case: P. Santha Rao Vs The State of A.P. and Ors.. High Court of Andhra Pradesh (India)
| Case Number | Writ Petition No. 531 of 2017 |
| Judges | P. Naveen Rao, J. |
| Issue | Andhra Pradesh Municipalities Act, 1965 - Section 194; Constitution of India - Article 226 |
| Judgement Date | January 19, 2017 |
| Court | High Court of Andhra Pradesh (India) |
Order:
P. Naveen Rao, J.
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Petitioner was granted lease of shop in NTR Mini Stadium complex, Narsipatnam by Narsipatnam Gram panchayat for a period of one year commenced from 12.9.1990 and petitioner claims to have established a Pan Shop therein. The lease was renewed from time to time. Narsipatnam Gram Panchayat has later become Municipality and the municipal council granted extension of lease for a period of one year by proceedings Rc No. 518/2014/A1 dated 1.11.2014 commencing from 31.3.2014 valid till 31.3.2015. Thereafter, there is no further extension. By proceedings ROC No. 518/2013/A1 dated 7.12.2016, impugned in this writ petition, holding that petitioner is in unauthorized occupation of the leased premises and that he has completed 25 years of lease, petitioner was asked to vacate the subject premises. Challenging the same, this writ petition is filed.
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Petitioner challenges the said notice on the ground that the provisions of Acquisition and Transfer of the Immovable Property Rules 1967 are not observed; merely because petitioner has completed 25 years of lease is no ground to evict the petitioner and that the municipality is competent to grant lease for any number of years. Learned counsel for petitioner further contended that without following the due process no person can be evicted from the premises, even assuming that there is no valid lease. Counsel for petitioner submitted that there are no arrears due and payable by the petitioner. He had never defaulted in payment of rents. When no illegality committed by the petitioner and petitioner is paying the rents as demanded by the respondent, he cannot be thrown out summarily. Petitioner is eking out his livelihood for all these years by running the pan shop and if he is thrown out at this stage, he would suffer irreparable hardship. So far no notification is issued to conduct fresh auction.
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It is not in dispute that petitioner is in occupation of the subject premises for more than 25 years.
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Acquisition & Transfer of Immovable Property Rules, 1967 (Rules 1967) govern the grant of lease of property belonging to the municipality. Rule 5 is relevant for the purpose of consideration of this case. It reads as under:
5. Transfer by lease of immovable property belonging to municipal council:--
(1). A municipal council may lease out any immovable property belonging to it for a period of three years at any one time and if it is for a period exceeding three years but not exceeding twenty-five years at a time it may lease out, after obtaining...
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