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AKULA VENKATA SESHA SAI, SUMATHI JAGADAM
Indian Oil Corporation Limited – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT :
Akula Venkata Sesha Sai, J.
1. Since these two writ appeals arise from a common order, this Court deems it appropriate to hear these two appeals together and to dispose of by way of this common judgment.
2. Heard Sri O. Manohar Reddy, learned Senior Counsel, representing the learned counsel for the appellants on record, and Sri K. Madhava Reddy, learned Standing Counsel for the Greater Visakhapatnam Municipal Corporation, apart from perusing the material available on record.
3. In these two writ appeals, common order, dated 07.03.2023, passed by the learned single Judge in W.P. Nos. 7430 and 13524 of 2022 is under challenge. W.A. No. 510 of 2023 is an appeal filed by the writ petitioner in W.P. No. 13524 of 2022 and W.A. No. 511 of 2023 is an appeal filed by the writ petitioner in W.P. No. 7430 of 2022.
4. On 12.04.1988, a registered Lease Deed was entered into between the appellant-Indian Oil Corporation Limited and the respondent-Greater Visakhapatnam Municipal Corporation for a period of 20 years, commencing from 01.04.1986 to 31.03.2006, in respect of the land situated in Sy. No. 298/B of Allipuram of Visakhapatnam, for establishment of a petroleum outlet by the appellant
The court clarified that the amendment to Section 148(3) of the Municipal Corporations Act is prospective and does not apply retroactively to existing lease agreements.
An applicant for grant of lease of immovable property belonging to the Corporation cannot claim as of right that they should be extended the lease for a period of three years each for a total lease p....
The court held that once a bid is accepted in a public auction, it cannot be invalidated based on subsequent complaints without evidence of fraud or collusion.
The court affirmed that mere acceptance of rent does not imply lease renewal, allowing eviction under Article 226 when the lease has expired without mutual agreement for renewal.
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