APHC010162462022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 11146/2022 Between: 1. P.NARAYANA NAIDU, S/O LATE HANUMANTHA NAIDU, AGED 65 YEARS, R/O AT H.NO.19-6-6-B2/A, JAYANAGAR, TIRUPATI CITY, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE DISTRICT COLLECTOR, KADAPA CITY, YSR KADAPA DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY DIVISION, YSR KADAPA DISTRICT 4. THE TAHSILDHAR, T.SUNDUPALLI, T.SUNDUPALLI VILLAGE AND MANDAL, YSR KADAPA DISTRICT ...RESPONDENT(S): 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 toto issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents NO. 2 to 4 herein in not consider the petitioner's representations dt.08-03-2022, 13-12-2017, 15-12-2017 and 28-12-2017 respectively requesting them to pay the enhanced rents along with the arrears since 2015 2 HBKM,J W.P.No.11146 of 2022 onwards till date for the premises bearing D.No.(Old) 45/53 (new) D.No.45/46 in Sy.No.2201/4 to an extent of Ac. 0-4 1/10 cents or 1923 sq.feet situated at T.Sundupalli village and Mandal, YSR Kadapa as wholly arbitrary,, illegal, without jurisdiction and void and violated the principles of natural justice and affected my rights guaranteed under article 14, 19(1)(g), and 300A of the Constitution of India and consequently, direct the respondents 2 to 4 herein to pay the arrears of rents of Rs.11538.54 PS w.e.f 01-03-2016 till the payment made to the petitioner for his premises bearing old D.No.45-53, New D.No.45- 46 admeasuring 1923 sq.feet (Ac.0-4 1/10 cents) in Sy.No.2201/4 of T.Sundupalli village and Mandal, YSR Kadapa District and pass IA NO: 1 OF 2022 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 pleased to direct the respondents 2 to 4 herein to pay the total arrears of rents ie.,11538.54 ps per month with effect from 01-03-2016 till payment made to the petitioner with reference to the premises bearing old D.No.45-53 (New No.45/46) in Sy.No.2201/4 o an extent of Ac. 0-4 1/10 cents or 1923 sq.feet situated at T.Sundupalli village accounts and Mandal, YSR Kadapa District by consider his representation dt.08-03-2022 pending disposal of the writ petition and pass IA NO: 2 OF 2022 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 pleased to dispense with my personal appearance passed in W.P. No. 11146 of 2022, dated- 29.09.2022 or pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. In the event this Hon'ble Court directs me to appear, I will appear on any given day as this Hon'ble court directs me to appear. IA NO: 3 OF 2022 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 pleased to dispense with my personal appearance passed in W.P. No.11146 of 2022 and another date may kindly be ordered for personal appearance or pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. In the event this Hon'ble Court directs me to 3 HBKM,J W.P.No.11146 of 2022 appear, I will appear on any given day as this Hon'ble court directs me to appear. IA NO: 4 OF 2022 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 pleased to extend the time period passed in WP.No.11146/2022, dated 29.9.2022 and pass IA NO: 5 OF 2022 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 pleased to extend the time period passed in I.A. No. 2 of 2022 in WP.No.11146/2022, dated 01.11.2022 and pass IA NO: 1 OF 2025 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 Pleased to vacate the interim order dated 29.09.2022 in W.P.No.11146 of 2022 and dismiss the writ petition and pass Counsel for the Petitioner: 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE 4 HBKM,J W.P.No.11146 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents Nos.2 to 4 herein in not considering the petitioner's representations dated 08.03.2022, 13.12.2017, 15.12.2017 and 28.12.2017 respectively requesting them to pay the enhanced rents along with the arrears since 2015 onwards till date, for the premises bearing D.No.(Old) 45/53 (new) D.No.45/46 in Sy.No.2201/4 to an extent of Ac.0-4 1/10 cents or 1923 sq.feet situated at T.Sundupalli village and Mandal, YSR Kadapa District. 3. The learned counsel for the petitioner submits that the respondents may be directed to clear the dues if any and continue to pay the future rents within time. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent and the written instructions of the 4th respondent dated 07.11.2025 submits that the payment of rental arrears @ Rs.2.50/- per Sq.Ft i.e., Rs.4,808/- per month from 01.03.2017 to 31.01.2018 and the pending arrears @ Rs.6.00 per Sq.ft. i.e., Rs.11,538/- per month from 01.02.2018 to 30.09.2022 were calculated and were paid as under:- Sl.No. Period Rate per 1 Sq.ft Total area Net rent to be paid in Rs. Rent paid Treasury Bill/CFMS ID 5 HBKM,J W.P.No.11146 of 2022 1 01.05.2016 to 28.02.2017 (10 months) Rs.2.50 1923.09 48,080.00 48,232.00 4399 & 6273 2 Towards Advance 1923.09 50,000.00 50,000.00 ICICI Bank Cheque No.0000500, dt.27.10.2022 3 01.03.2017 to 31.01.2018 (11 months) Rs.2.50 1923.09 52,888.00 @ Rs.4808/- PM Rs.687478.00 2022-2617362, Dt.15.03.2023 and successfully paid on 29.03.2023 4 01.02.2018 to 30.09.2022 (55 months) Rs.6.00 1923.09 634590.00 @ Rs.11538/- PM Total Rs. 7,85,710.00 Sl.No. Period Rate per 1 Sq.ft Total area Net rent to be paid in Rs. Rent paid CFMS Bill ID 1 01.10.2022 to 30.06.2024 (21 months) 6.00 1923.09 242298-00 242298-00 2024-1087459 (payment done) 2 01.07.2024 to 31.10.2024 6.00 1923.09 46152-00 46152-00 2024-1858221 (payment done) 3 01.11.2024 to 31.07.2025 (9 months) 6.00 1923.09 1,03,842-00 1,03,842-00 2025-1290224 (payment done) 4 01.08.2025 to 31.10.2025 (3 months) 6.00 1923.09 36,614-00 36,614-00 2025-1824501 (under progress) Total 4,26,906-00 4,26,906-00 5. The 4th respondent initiated action for payment of an amount of Rs.12,12,616/- including an amount of Rs.50,000/- towards advance to the petitioner towards rental dues till date and there was no pending rental dues as on the date for the occupied building premises of the office of the 4th respondent. Whereas the petitioner is demanding for payment of rental dues with effect from 01.03.2016, but the Government has revised it’s policy 6 HBKM,J W.P.No.11146 of 2022 decision and enhanced rent from Rs.2.50 to Rs.6.00 in terms of G.O.Ms.No.37 Finance (FMU-TR&B) Department dated 07.03.2016 and moreover, the then District Collector, Kadapa has passed orders effecting such enhanced rents from Rs.4,808/- to Rs.11,538/- per month with effect from 01.02.2018 only vide proceedings dated 22.03.2018. Accordingly, the petitioner was paid arrears and the 4th respondent is continuing to pay the rents as per the above said enhancement to the building premises of the 4th respondent to the petitioner. 6. In view of the above said facts and circumstances, this writ petition is disposed of, directing the respondent Nos.2 to 4 to continue to pay the rents for the subject building, which is in occupation of the 4th respondent as per the agreed rent. The written instructions of the 4th respondent dated 07.11.2025 shall be made as part of the Court record. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.12.2025 PGT