Andhra Pradesh High Court

WP/31015/2024 of NARRAVULA VENKATA RAO Vs The State of Andhra Pradesh, on 31 December 2024

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 31015 OF 2024 Between: Narravula Venkata Rao, S/o Sri Sriramulu , Aged about 52 years

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 31015 OF 2024

Between:

Narravula VenkataRao,S/oSri Sriramulu, Aged about 52yearsresident of 4 - 3 - 67/A, 13 Ward Yadavapalem, Bapatia, Guntur DistrictAndhra Pradesh, Sole Proprietor, M/s Srinivasa Cycle[Stand]and FastFood Center.

...Petitioner

AND

1. The State of Andhra Pradesh, Represented by its Principal Secretaryfj^edicai and Health Department, A, P. Secretariat,[Velagapudi,][ Tulluru](M) Guntur District, A.P.fj^edicai and Health Department, A, P. Secretariat,[Velagapudi,][ Tulluru](M) Guntur District, A.P.

2. The Commissioner, A. P. Vaidya Vidhana Parishad Vijayawada.

3.The District Co - Ordinator of Hospital ServicesA.P. Vaidya VidhanaA.P. Vaidya VidhanaParishad, Guntur District.

4.The Superintendent, Area Hospital, Bapatia, Guntur DistrictAndhraPradesh.Pradesh.

5. The District Collector, Guntur District GunturAndhra Pradesh.Andhra Pradesh.

...Respondents

Petition under Article 226 of the Constitutionof India praying that inthe circumstances statediin the affidavit filed therewith, the High Court maybe pleased to issuean appropriate writ, orderor direction especially one /iin the nature of Writ of Mandamus declaring the actionoftheoftherespondents in seeking to evict the petitioner is in violation of the earlierresolutions of the Hospital Development committee and the earlierorderspaired by the Hon'ble Court by holding the same asillegal,arbitrary,unreasonable, unconstitutional, and violation of principles of natural justiceand apart from violation of Articles 14,16 and 21 of the Constitutionof Indiaand consequently direct the respondents to consider therepresentationdated 24.12.2024 and continue the petitioner by renewing the lease of thepetitioner in the interest of justice.

lA NO:1 OF 2024

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleasedtodirect the respondentsnottointerferewiththepetitionerrunning the Scooter/ Cycle stand and canteenin thePootiSriramulu,Bapatia Area Hospital.

Counsel for the Petitioner: SRI. Y N VIVEKANANDA

Counsel for the Respondent Nos. 1 to 4: GP FOR MEDICAL HEALTHFAMILY WELFARE

Counsel for the Respondent No. 5: GP FOR REVENUE

The Court made the following order:

APHC010594632024

S;ySIN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI0(Special Original Jurisdiction)

[3310]

Between:

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

the honourable dr justice KMANMADHA RAOWRIT PETITION NO:

Narravula Venkata Rao

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT{S)

Counsel for the Petitioner:

1.YN VIVEKANANDA

Counsel for the Respondent{S):

1.GP FOR MEDICAL HEALTHFW

The Court made the following:

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ORDER

This petition is filed under Article 226 of theConstitution of India for the following relief:-

2. The case of the petitioner in brief is that the petitioner is a pettybusinessman engaged in the business of maintaining the cycle stand and fastfood center at the Area Hospital, Bapatia having takingit on lease from theBapatiaMunicipality,whichwasgrantedvideRoc.No.5/98/AIdated 18.08.1999. On the year 2014, the said cycle[stand][ was][ lost][ due][ to][ road]widening and the Area Hospital at Bapatia has been renovated. Thereafter,the 4’^ respondent had invited tenders for the maintenance[contract][ of][ the]cycle stand and canteen to be operated in the premises of the Area HospitalBapatia and in the said tender, the petitioner was declared as a highest bidderandallottedthecontractvideproceedingsofthe4‘^respondentinRc.No.Spl/HDS/AH/BPTL/2014,dated15.11.2014.Thereafter,theleaseperiod was extendedtill December, 2018 by the 4*^ respondent vide orders.dated 23.01.2016.businessman engaged in the business of maintaining the cycle stand and fastfood center at the Area Hospital, Bapatia having takingit on lease from theBapatiaMunicipality,whichwasgrantedvideRoc.No.5/98/AIdated 18.08.1999. On the year 2014, the said cycle[stand][ was][ lost][ due][ to][ road]widening and the Area Hospital at Bapatia has been renovated. Thereafter,the 4’^ respondent had invited tenders for the maintenance[contract][ of][ the]cycle stand and canteen to be operated in the premises of the Area HospitalBapatia and in the said tender, the petitioner was declared as a highest bidderandallottedthecontractvideproceedingsofthe4‘^respondentinRc.No.Spl/HDS/AH/BPTL/2014,dated15.11.2014.Thereafter,theleaseperiod was extendedtill December, 2018 by the 4*^ respondent vide orders.dated 23.01.2016.

While the things stood thus, on 28.07.2016 a new Committee[has][ been]constitutedbythe5'^respondenttorunandmanagetheHospitalDevelopmentSocietyundertheChairpersonofthenewlyconstitutedcommittee one Sri Karpurapu Rama Rao. The 4*^ respondent[has][ come][ to][ the]cycle stand and threatened the petitioner that unless the petitioner vacates thecycle stand, he would face drastic consequences. Within[an hour][ thereafter]the officers of the Engineering Department of the Bapatia Municipality havevisited the cycle stand and have started taking measurements[of][ the][ small]Gate to the scooter/cycle stand stating that they were[under][ instructions][ from]

^ the Hospital to construct a wall closing down the gate as the same was not“VasthuComplaint”.Tothateffect,proceedings,dated02.11.2016wereissued by the respondents directing the petitionerto handover thelandinwhich the petitioner is managing the Cycle Stand and[the][ Fast][ Food][ Center]within a period of 3 weeks. Aggrieved by the said proceedings, the petitionerhas filed W.P.No.39262 of 2016 before this Court and this Court vide order.dated 15.11.2016 has suspended the said proceedings. The petitioner haspaid the rent for the monthof December 2024in advance andhasalsosubmitted a representation, dated 24.12.2024 to the 4‘^ respondent. But, the4'*^ respondent refused to receive the same and compelled the petitioner tosend the same through registered post. Hence, the present[Writ]Petitionisfiled.

3. Heard Mr Y.N.Vivekananada, learned counsel for the petitionerand the learned Government Pleader for Medical Health and Family Welfareappearing for the respondents.and the learned Government Pleader for Medical Health and Family Welfareappearing for the respondents.

4. On hearing, learned counsel for the petitioner while reiterating theaverments madein the Writ Petition submits that the petitioneris regularlypaying the rent amount monthly and has also paid advance[lease]rentforthree (03) months @ Rs.15,000/- per month for cycle[stand][ and][ Tiffin][ center.]He further submits that there are large vehicles including[Air][ Force][ Vehicles][ in]averments madein the Writ Petition submits that the petitioneris regularlypaying the rent amount monthly and has also paid advance[lease]rentforthree (03) months @ Rs.15,000/- per month for cycle[stand][ and][ Tiffin][ center.]He further submits that there are large vehicles including[Air][ Force][ Vehicles][ in]

the stand andrequests timeof three(03) monthsto vacate the subjectpremises.

5. LearnedGovernmentPleader appearingfortherespondentssubmits that there is a separate penalty for the Air Force vehicles and as perthe rules of the hospital the petitioner is not permitted for holding Air ForceVehicles. He further submits that now the lease amount comes to Rs.30,000/-per month and the petitioner has only paid the advance rent of Rs. 15,000/- permonthforthree(03)months.Hence,thelearnedGovernmentPleaderopposed for grant of any relief in this Writ Petition and prays to dismiss thesame.submits that there is a separate penalty for the Air Force vehicles and as perthe rules of the hospital the petitioner is not permitted for holding Air ForceVehicles. He further submits that now the lease amount comes to Rs.30,000/-per month and the petitioner has only paid the advance rent of Rs. 15,000/- permonthforthree(03)months.Hence,thelearnedGovernmentPleaderopposed for grant of any relief in this Writ Petition and prays to dismiss thesame.

6. To the said submission, learned counsel for the petitioner[submits]that thepetitionerwill pay the differential monthly[amount][ and][ vacate]thesubject premises if three (03) months time is granted.that thepetitionerwill pay the differential monthly[amount][ and][ vacate]thesubject premises if three (03) months time is granted.

7. Considering the submissions of both the learned counsel[and][ on]perusalof the record,thisWritPetitionis disposedof with the followingdirections:-perusalof the record,thisWritPetitionis disposedof with the followingdirections:-

i)Respondents are directed to continue the petitioner in the subjectpremises for a period of three (03) months from the date of receipt of a copy ofthis order.

ii)Further, the petitioner is directed to pay the balance[amount][ of]Rs.45,000/- (Rupees Forty Five Thousand) to the respondents[and][ directed][ to]vacate the subject premises on completion of three (03) months.

There shall be no order as to costs.

Miscellaneous petitions pending,if any, in this Writ[Petition][ shall][ stand]

closed.

To,

SD/-G.HELANAIDU//TRUE COPY//ASSISTANT REGISTRARSECTION OFFICER

1. The Principal Secretary, Medical and Health Department, A. P. State ofAndhra Pradesh, Secretariat, Velagapudi, Tulluru (M) Guntur District,A.P.Andhra Pradesh, Secretariat, Velagapudi, Tulluru (M) Guntur District,A.P.

2. The Commissioner, A. P. Vaidya Vidhana Parishad Vijayawada.

3. The District Co - Ordinator of Hospital Services, A.P. Vaidya VidhanaParishad, Guntur District.Parishad, Guntur District.

4. The Superintendent, Area Hospital, Bapatia, Guntur District, AndhraPradesh.Pradesh.

5. The District Collector, Guntur District Guntur, Andhra Pradesh.

6. One CC to Sri. Y N Vivekananda Advocate [OPUC]

7. Two CCs to GP for Medical Health Family Welfare, High Court OfAndhra Pradesh. [OUT]Andhra Pradesh. [OUT]

8. Two CCs to GP for Revenue, High Court Of AndhraPradesh. [OUT]Pradesh. [OUT]9. Three CD Copies HIGH COURTDATED:31/12/2024

ORDER

WP.No.31015 of 2024

DISPOSING OF THE WP

WITHOUT COSTS

,50 ^ JAN 2C:5%Current Section

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