PRASANGI ATCHUTA RAO v. The State of Andhra Pradesh
WP/31579/2025 · 2025-11-13
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56125 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56125 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010606102025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31579/2025 Between: Prasangi Atchuta Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. Sri K J V N PUNDAREEKAKSHUDU Counsel for the Respondent(S):
1. Ld. GP MUNCIPAL ADMN AND URBAN DEV AP
2. Sri A.S.C. Bose, Ld. Standing Counsel for R.2. The Court made the following:
-2- W.P. No.31579 OF 2025 Date of order:14.11.2025
THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.31579 OF 2025 ORDER:
1. The petitioner is the lease holder of Dronam Raju Satyanarayana Kalyanamandapam, situated in Ward No.60, Drivers colony Visakhapatnam. The petitioner was the successful bidder in the public auction conducted on 10.04.2023 and took Kalyana Mandapam on lease for three years. 2. The learned counsel for the petitioner submits that the petitioner deposited an amount of Rs.2,00,000/- and was declared as the highest bidder for the bid amount of Rs.23,28,525/-. It is submitted that the Kalyana Mandapam was not in a good condition and it required several repairs and also furniture and fixtures for updating it and offering it for public. It is submitted that the petitioner spent about Rs.15,00,000/- in repairing the Kalyana Mandapam apart from erecting fans, air conditioners and for carrying out other repairs. It is also submitted that the petitioner got a bore well installed at his own cost. It is further submitted that an amount of Rs.6,60,000/- was paid soon after the bid was confirmed on the petitioner. 3. The learned counsel for the petitioner submits that the officers of the 2nd respondent orally assured the petitioner that the amounts spent by the petitioner on the Kalyana Mandapam would be deducted from the lease amount due payable. It is also submitted that, on 21.10.2025, the
-3- W.P. No.31579 OF 2025 Date of order:14.11.2025
officers of respondents 2 to 4 sealed the premises and dispossessed the petitioner, without prior notice. Further, the petitioner approached the 2nd respondent and only after intervention of the 2nd respondent, the possession was handed over to the petitioner on 01.11.2025.
It is submitted that the 3rd respondent has issued the impugned demand notice dated 16.10.2025 calling upon the petitioner to pay the outstanding balance of Rs.16,68,525/- and that the petitioner is required to pay the said amount within three days. It is submitted that the respondents could not have issued such a demand notice contrary to the assurance of the officers of the respondent authorities. 4. The learned Standing Counsel for respondents 2 to 4 submits that the terms of lease are self indicative and that the petitioner was under obligation of payment of 25% of the total bid amount as EMD and thereafter 50% of the bid amount soon after the confirmation of the public auction and the remaining balance 25% of the bid amount at the time of handing over the possession of the Kalyana Mandapam. It is submitted that the petitioner failed to pay the amount as per the terms and conditions of the lease. As such, there is no illegality in issuing the demand notice. 5. Heard the submissions of the learned counsel for the petitioner and the learned Standing Counsel appearing for respondents 2 to 4. Perused the record. -4- W.P. No.31579 OF 2025 Date of order:14.11.2025
6. The petitioner would have to pay the demanded amount for continuing the rest of the lease period. However, considering the submissions of the learned counsel for the petitioner, the petitioner is directed to pay the demanded amount within a period of four weeks from the date of receipt of this order. In the event the petitioner fails to pay the same, the respondents are at liberty to take necessary action in accordance with law. 7. With these observations, the writ petition is disposed of. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N
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