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High Court of Andhra Pradesh · body

2025 DAILYLAW 39962 (AP)

T G VENKATA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/29512/2025 · 2025-10-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I ^ s V APHC010570742025 4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF OCTOB TWO THOUSAND AND TWENTY FIVE / :"A- '7* ( (jifj') ijil ^ I ?// O. PRESENT % THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29512 OF 2025 . Between: T.G. Venkata Krishna, S/o T. Gurrappa, R/o, D/No.28 A, Pedda Kappu Street, Tirupathi, Tirupathi District, A.P. ...Petitioner “ AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development, A.P Secretariat, Velagapudi, Amaravathi. 2. Tirupathi Urban Development Authority, Rep by its Secretary, Tirupathi. 3. The Vice Chairman, Tirupathi Urban Development Authority, Tirupathi. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ more particularly one in the nature of writ of mandamus declaring the impugned action of the respondent No.3 in not considering and disposing of the representations dt. 10-05-2025, 21-10-2025 submitted by the petitioner is highly arbitrary and illegal and consequentially direct the respondent No.3 to consider and dispose of the representations dt. 10-05-2025, 21-10-2025 submitted by the petitioner by allowing petitioner to continue in Shop 3 and 31, situated in TUDA Shopping complex Annamayya Circle, Avilala Road, Tirupati. lA NO: 1 OF 2025 the r Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'"^ respondent to allow the petitioner to continue in Shop No’s. 3 & 31, situated in TUDA Shopping complex Annamayya Circle, Avilala Road, Tirupati and pass pending disposal of the above writ petition. Counsel for the Petitioner: SRI T.M.K. CHAITANYA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.2 & 3: SRI KARRI KALYAN DURGA PRASAD, SC FOR TUDA The Court made the following APHC010570742025 ««,■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29512/2025 Between: ...PETITIONER T G Venkata Krishna AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TM KCHAITANYA Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: -2- W.P. No.29512 OF 2025 Date of order: 28.10.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.29512 OF 2025 ORDER The present writ petition has been filed aggrieved by the inaction of respondents 2 and 3 in considering the representations dated *1. 10.05.2025 and 21.10.2025. The learned counsel for the petitioner submits that the petitioner has been-conducting business in Shop Nos.3 and 31 under lease at the TUDA Shop Complex, Annamayya Circle, Tirupati, since 30.10.2015. The said lease period is due to expire by 2. 29.10.2025. The learned counsel further submits that the 2nd respondent, through an endorsement dated 25.03.2025, directed the petitioner to hand over the shops in their original condition by 29.10.2025. In response, the petitioner submitted two representations seeking indulgence of the respondent authorities in considering the petitioner’s request for continuing the lease period on" payment of appropriate rent. It is further submitted that no action has been taken on these representations and no orders have been passed. 3. The learned standing counsel appearing for respondents 2 and 3 submits that the petitioner had earlier filed O.S. No. 518 of 2005 seeking injunction against the respondent authorities. It is submitted that the petitioner was required to withdraw jthe said -3- W.P. No.29512 OF 202;. Date of order: 28.10.2025 suit and on his expression of willingness to withdraw the suit, one shop was allotted to him at 50% rent for a period of ten years. It is further submitted that though the petitioner had agreed to withdraw the suit, he continued to pursue it. The suit was dismissed on merits, the appeal was also dismissed and the second appeal is pending before this Court. 4. It is also subi^itted that the lease was granted for a fixed period of ten years and that the petitioner would have to participate in the auction to obtain any further lease. It is further submitted that the petitioner had earlier filed W.P. No.28527 of 2011 challenging G.O.Rt. No. 1434 dated 14.10.2008, which was dismissed for non-prosecution. It is also submitted that the petitioner cannot claim any right over the property belonging to the 2nd respondent, who intends to conduct a public auction for fresh allotment. It is also submitted that that the petitioner can as well participate in |i)ie said auction process, which is scheduled in next week. 5. Considering the submissions of both the learned counsel, the writ petition is disposed of at the admission stage with a direction to the 2nd respondent to consider the representations of the petitioner dated 10.05.2025 and 21.10.2025 and to pass appropriate orders in accordance with law. It is made clear that this order would not preclude the 2nd respondent from 'i -4- W.P. No.29512 OF 2025 Date of order: 28.10.2025 ^0 conducting any auction and it is left open for the petitioner to participate in the auction to be conducted by the 2nd respondent. Till the finalization of the auction, the possession of the petitioner shall not be disturbed. Once the auction is finalized, it would be the responsibility of the petitioner to hand over the shops to the respondent authorities forthwith, in the event the petitioner is not the successful bidder in the auction process. 6. With these observations, the writ petition is disposed of. No costs. 7. Pending miscellaneous petitions, if any, shall stapd closed. Sd/-SR1T.SRSN!VASARA0 assistant registrar //TRUE COPY// SECTION OFFICER To, State of Andhra Pradesh, Municipal 1. The Principal Secretary Administration and Urban Development, A.P Secretariat, Velagapudi, Amaravathi. 2. The Secretary, Tirupathi Urban Development Authority, Tirupathi. 3. The Vice Chairman, Tirupathi Urban Development Authority, Tirupathi. 4. One CC to SRI. T M K CHAITANYA, Advocate [OPUC] 5. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV AP, High Court of Andhra Pradesh [OUT] 6. One CC to SRI KARRI KALYAN DURGA PRASAD, STANDING COUNSEL FOR TUDA [OPUC] 7. Two CD Copies sree HIGH COURT DATED:28/10/2025 ORDER WP NO. 29512 OF 2025 0 ( NOV 2025 DISPOSING OF THEW.P. WITHOUT COSTS