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T. VINOD KUMAR
Sutharaveni Suresh – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Since the issue involved in all these Writ Petitions is one and the same, all the writ petitions are being disposed of by this common order.
2. Heard learned Counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development appearing for respondent No. 1, Sri K. Prabhakar Rao, learned Standing Counsel appearing on behalf of respondent No. 2, and with the consent of parties, the Writ Petitions are taken up for hearing and disposal at the admission stage.
3. The case of the petitioners in all these Writ Petitions is that they are the tenants in the shops situated in Rajiv Gandhi Memorial Shopping Complex belonging to the 2nd respondent since long.
4. It is the further case of the petitioners that they have been regularly paying the agreed rent without arrears.
5. It is also the further case of the petitioners that all of a sudden, the 2nd respondent authority by issuing notice dated 14.06.2024 has claimed enhanced rent for the period from 01.04.2020 onwards claiming that the petitioners are liable to pay the aforesaid enhanced rent in terms of G.O.Ms. No. 56 MA & UD (J1) Department, dated 05.02.2011 and that the aforesaid action of respond
The court ruled that enhanced rent can only be claimed prospectively, not retrospectively, in accordance with prior judgments.
The court affirmed that retrospective rent enhancement without tenant consent is invalid, emphasizing adherence to statutory guidelines for future rent calculations.
The main legal point established in the judgment is that the licenses of municipal properties cannot become a heritable right and that the licensees cannot claim a legal right for renewal of license.
Licenses for municipal properties cannot be treated as heritable rights; renewal is contingent upon settling arrears and does not confer a legal right.
The court upheld the Tamil Nadu Housing Board's decision to enhance the rent based on government orders and the condition of the buildings, considering a previous judgment on a similar issue.
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