Telangana High Court
WP/27146/2009 of Abdul Sattar Vs Sadashivapet Municipality, on 29 December 2009
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.27146, 27147 and 27148 of 2009 COMMON ORDER: The petitioners are lessees in respect of shops owned by Sadashivapet Municipality, for the last few decades. The leases are being extended from time to time. The Municipal Council passed a
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION Nos.27146, 27147 and 27148 of 2009COMMON ORDER:
The petitioners are lessees in respect of shops owned bySadashivapet Municipality, for the last few decades. The leasesare being extended from time to time. The Municipal Councilpassed a resolution on 16.12.2008 to put the leasehold rights inrespect of the shops to auction. The petitioners were issuednotices, dated 02.12.2009, requiring them to vacate the shopswithin three days from the date of receipt of the same. Thepetitioners feel aggrieved by the same.
The petitioners contend that on account of the longstandingleases in their favour, valuable rights are accrued to them and thatthey cannot be evicted from the shops. It is also pleaded that theyare prepared to pay the enhanced rent through negotiations andthat the leasehold rights in respect of their shops cannot be put toauction.
Heard the learned counsel for the petitioners and thelearned Standing Counsel for the Municipality.
The petitioners do not dispute the ownership of theMunicipality over the shops. The manner in which the petitionerswere inducted as lessees at the initial stage is not known. Themere fact that the leases were being renewed or extended fromtime to time cannot confer any right upon the petitioners to remainas lessees forever. The Andhra Pradesh Municipalities Act and theRules made thereunder mandate that grant of lease in respect ofany immovable property owned by the Municipality shall be only through public auction. Restriction is also placed on the duration oflease. The fact that the respondent did not hold the auction ofleasehold rights for the past several years in respect of the shopsleased out to the petitioners cannot be a ground to continue themas lessees without the process of auction. The petitioners canparticipate in the auctions that may be conducted. However, theyneed not be required to vacate the premises pending suchexercise. The reason is that if they emerge as the highest biddersor express their willingness to pay the highest bid that is fetchedfor the shops concerned, fresh leases can be executed in theirfavour for the very premises.
Hence, the writ petitions are disposed of directing that:
(a) the proposed auction of leasehold rights in respectof the shops, which are in possession of thepetitioners, may go on;of the shops, which are in possession of thepetitioners, may go on; (b) the petitioners shall be entitled to participate in theauction and fresh leases shall be granted in theirfavour, if they emerge as the highest bidders orexpress their willingness to pay the amount that isfetched in the highest bid for the respectiveshops;auction and fresh leases shall be granted in theirfavour, if they emerge as the highest bidders orexpress their willingness to pay the amount that isfetched in the highest bid for the respectiveshops;
(c) in case the petitioners do not emerge as the highestbidders or do not express their willingness to paythe highest bid amount, they shall be liable to beevicted within 15 days from the date of finalizationof the auction.bidders or do not express their willingness to paythe highest bid amount, they shall be liable to beevicted within 15 days from the date of finalizationof the auction.
There shall be no order as to costs.
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REDDY,JDt:29.12.2009
kdl
L.NARASIMHA