IMPORTANT POINT
A party cannot seek relief while simultaneously disobeying court orders, and the government has the authority to fix lease amounts based on prevailing market values.

ORDER :

Venkateswarlu Nimmagadda, J.

1. This writ petition is filed claiming the following relief:

“…To issue Writ of Mandamus declaring the action of the respondents more particularly one in the nature of writ of Mandamus as declaring the order of the Respondent No.1 passed in G.O.Rt.No.286, Water Resources (CE’s Establishment) Department, dated 09.08.2021 as illegal, arbitrary and contrary to the order passed in W.P.No.2384 of 2008, dated 17.04.2008 and para 172 of the Public Works Department Code and consequently direct the 1st Respondent to fix reasonable rent on the basis of the initial rent fixed and pass such order or orders...”

2. The case of the petitioner is as follows:

3. The petitioner herein is a registered firm under the provisions of the Indian Partnership Act and the said firm was appointed as a dealer of Bharat Petroleum Corporation Limited. Pursuant to the G.O.Ms.No.528, dated 22.11.1995, the area was leased out in favour of the petitioner firm for a period of five years with effect from 22.12.1995 at an annual rent of Rs.4,500/-. In pursuance of the lease, the petitioner entered into an agreement with Respondent No.3 herein on 22.12.1995 and spent a huge amount to make the area fit for the establishment of the retail outlet. After the expiry of the lease period, Respondent No.3 herein issued proceedings renewing the lease vide proceedings dated 26.12.2000 for a further period of five years i.e., upto 21.12.2005. The petitioner was regularly paying the rents to the department as fixed in the agreement.

4. After expiry of the period, the petitioner submitted a representation to Respondent No.3 on 16.12.2005 seeking renewal of lease for a further period of five years with reference to the terms of the G.O.Ms.No.528, dated 22.11.1995. Then, Respondent No.3 addressed a letter dated 14.02.2006 to the petitioner stating that the O/o. Accountant General raised an objection for renewal of the lease period by the Executive Engineer and for further extension, orders have to be obtained from the Government. Accordingly, the petitioner submitted another application/representation to Respondent No.1 on 01.03.2006 requesting for renewal of the lease. Pursuant to the said request, the petitioner was issued notice dated 25.06.2006 and directed the petitioner to pay a sum of Rs.10,95,428/- towards rent as per terms and conditions of the agreement along with renewal for further lease period beyond 21.12.2005.

5. Then, the petitioner submitted a detailed representation to Respondent No.3 on 26.06.2006 and also to the Government on 05.08.2006 seeking fixation of reasonable lease amount and the amount demanded by the Executive Engineer is nearly 85 times higher than the lease amount fixed by the Government. Later, Respondent No.3 issued a notice dated 13.12.2006 directing the petitioner to pay the amount by 25.01.2007 and in default, the petitioner has to vacate and hand over the premises.

6. Aggrieved by the proceedings of Respondent No.3, the petitioner filed W.P.No.2384 of 2008 before this Court challenging the action of Respondent No.3 in demanding arrears out of enhancement of lease amount Rs.10,95,428/- retrospectively from the year 2000 onwards as illegal and arbitrary. The said writ petition was allowed by this Court and directed the Respondents to dispose of the application of the petitioner for renewal of lease subject to such terms and conditions as are permissible under law. Till the disposal of the petitioner’s application for renewal, the Respondents shall not interfere with the business of running an outlet by the petitioner on the site in question, subject to the petitioner continuing to pay the pre-existing lease amount.

7. It is further stated that even though this Court on 17.04.2008 directed the Respondents for disposal of the application of the petitioner for renewal of the lease, the Respondents neither disposed of the renewal application of the petitioner nor granted any renewal and kept quiet for a period of more