HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO C.R.P.Nos.880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 891, 892, 893, 894, 895, 896, 897, 898, 899 & 900 of 2020
COMMON ORDER:
These civil revision petitions arise out of the orders passed by the Principal District Judge, Visakhapatnam in different applications in different appeals. However, since the respondents in all these cases and the issues raised are one and the same, all these revision petitions are being disposed of by way of this common order.
2. The petitioners in all these revision petitions were in possession of small extents of land belonging to the railways. The petitioners were initially paying an annual licence fee of Rs.2,741/- to the 1st respondent and had been carrying on their business by setting up structures etc., in the land in their possession. The respondents, thereafter, initiated proceedings under Section 9 of the Public Premises Act, 2019 (for short 8the Act9) to evict the petitioners from these lands. The petitioners, having lost the proceedings under the Act, had filed appeals, against the said orders of eviction, before the Principal District Judge, Visakhapatnam. During the pendency of the said appeals, the 1st respondent is said to have furnished a statement of dues from the petitioners up to 31.02.2018. The 1st respondent, in the said statements, showed that the licence fee had been increased from Rs.2,741/- per annum to Rs.15,773/- per annum from the year 2013-2014 onwards. Thereafter, the respondents claimed that on 15.11.2019 the said licence fee was increased to 30,879/- per annum from 2019-2020 onwards. On this basis, each of the petitioners were called upon to pay an amount of Rs.1,63,934/- as the amounts due from the petitioners up to March, 2020. The petitioners, claiming financial hardship, on the ground that they were carrying on petty businesses and eking out their livelihood, had filed applications for grant of 36 monthly instalments for depositing the arrears of licence fee dues of Rs.1,63,934/- up to March, 2020 along with future licence fee.
3. The details of the applications filed by the petitioners herein are set out below:
| Case No. | Name of the Tenant | Public Premises Act Proceeding No. | Appeal No. | Application filed in that appeal |
| C.R.P.No.880 of 2020 | S.A. Aziz | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.123 of 2017 | I.A.No.88/2020 |
| C.R.P.No.881 of 2020 | Surakasula Laxmana Rao | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.234 of 2017 | I.A.No.94/2020 |
| C.R.P.No.882 of 2020 | P. Bhavani | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.248 of 2017 | I.A.No.108/2020 |
| C.R.P.No.883 of 2020 | Payakala Venkata Ramanamma | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.242 of 2017 | I.A.No.102/2020 |
| C.R.P.No.884 of 2020 | B.K. Murthy | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.232 of 2017 | I.A.No.92/2020 |
| C.R.P.No.885 of 2020 | Karri Ganesh | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.231 of 2017 | I.A.No.91/2020 |
| C.R.P.No.886 of 2020 | Shaik Yakub | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.246 of 2017 | I.A.No.106/2020 |
| C.R.P.No.887 of 2020 | Sornapudi Chinnammalu | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.233 of 2017 | I.A.No.93/2020 |
| C.R.P.No.888 of 2020 | Vegi Surya Rao | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.241 of 2017 | I.A.No.101/2020 |
| C.R.P.No.889 of 2020 | Gedela Vamana Murthy | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.243 of 2017 | I.A.No.103/2020 |
| C.R.P.No.890 of 2020 | Md. Ashik Ali | E.C.No.EO/WAT/EC/01/ 2011 | A.S.No.252 of 2017 | I.A.No.112/2020 |
| To EC/66/2011 | ||||
| C.R.P.No.891of 2020 | Basa Rameswara Rao | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.245 of 2017 | I.A.No.105/2020 |
| C.R.P.No.892 of 2020 | Payakayala Visweswara Rao | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.237 of 2017 | I.A.No.97/2020 |
| C.R.P.No.893 of 2020 | Sornapudi Naveen Kumar | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.238 of 2017 | I.A.No.98/2020 |
| C.R.P.No.894 of 2020 | Madem Trimurthulu | E.C.No.EO/WAT/EC/01/ 2011 To EC/66/2011 | A.S.No.249 of 2017 | I.A.No.109/2020 |
| C.R.P.No.895 of 2020 | Md. Aliullah Siddique | E.C.No.EO/WA | ||