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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B S BHANUMATHI
Silpa Seva Samithi – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks writ of mandamus. (Para 1) |
| 2. petitioner aims to renew lease despite expiration. (Para 2) |
| 3. respondent alleges petitioner misused lease agreement. (Para 3) |
| 4. respondents argue petition is malicious and vexatious. (Para 4 , 5) |
| 5. court found violation of natural justice; decision to set aside. (Para 8) |
| 6. writ petition allowed; order set aside. (Para 9) |
ORDER :
B. S. Bhanumathi, J.
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceeding in Rc.C.14/2025, dated 29.08.2025 issued by the respondent No.7 directing the petitioner to vacate 10 front shops rooms and godown of Nandyal Market Yard, Tekke, Nandyal within a week, i.e., on or before 12.09.2025 and deliver vacant possession of the same, instead of renewing the lease for further period of two years on enhancement of 5% of lease rental on the existing lease rentals as per the allotment as arbitrary, illegal, colourable exercise of power and contrary to the well established legal principles apart from being violative of the f
The eviction notice was set aside due to violation of natural justice, as the petitioner was not given the opportunity to respond to the allegations before the order was issued.
The court upheld the significance of adhering to lease terms and natural justice in lease renewal matters, affirming the state's actions in rejecting the renewal request based on documented breaches.
Mere assertion that it would be open for the petitioners to approach the District Collector as well as the competent authority under the Bombay Public Trust Act would not give licence to the petition....
Public authorities must adhere to legal standards and principles of natural justice when making decisions affecting property rights.
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.
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