IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAf OF FEBRUARY • TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 2555 OF 2025 Between: ^Periubothula Praveen Kumar, S/o. P.Srinivas, Aged about 27 years, Occ: NIS Coach, R/o. D.No.51-4-28, Nunnavari Street, Jagannayakpur, Kakinada Town, Kakinada District (Erstwhile East Godavari District). ...PETITIONER AND ,1- The State of AP, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Kakinada Municipal Corporation, Represented by its Commissioner, Kakinada, Kakinada District, (Erstwhile East Godavari District. The Kakinada Smart City Corporation Limited, Represented by its Chief Executive Officer, CCC extension Building, Victoria Waterworks, 3 light Junction Road, Ramaraopeta, Kakinada, Kakinada District, (Erstwhile East Godavari District). .2. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.3 in violating the Proceedings issued vide Lr. No. KSCCL/IndoorShuttle Court/2023-24/6,dated 31.01.2024 in allotting the Shuttle Courts maintained under the name and style Dr.Y.S.R. Indoor Shuttle Courts at Ramaraopeta, Kakinada, Kakinada District (Erstwhile East Godavari District) in not receiving the amount for the period 26.01.2025 to 25.01.2026 and amount of Rs.8,24,000/-which has to be extended from 26.01.2026 to 25.01.2027 as per the proceedings nothing but illegal, highhanded and not in conformity with the Executive functionaries conferred apart from violative of Article 14, 19 (1)(g) and 21 of The Constitution of India and consequently direct the Respondent No. 3 to receive the advance amount of Rs. 8,24,000/- for continuing the Petitioner to manage and maintain the Dr.Y.S.R. Indoor Shuttle Courts situated at Ramaraopeta, besides Bala Bhavan of Kakinada Town, Kakinada District (Erstwhile East Godavari District). as ^ 't. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No. 3 to receive the advance amount of Rs. 8,24,000/- for continuing the Petitioner to manage and maintain the Dr.Y.S.R. Indoor Shuttle Courts situated at Ramaraopeta, besides Bala Bhavan of Kakinada Town, Kakinada District (Erstwhile East Godavari District), pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI A. K. KISHORE REDDY Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010050482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.2555 of 2025 Between: Penubothula Praveen Kumar ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent{S): 1. GP MUNCIPAL ADMN. AND URBAN DEV. 2. M. KRISHNA RAO, STANDING COUNSEL The Court made the following: 2 VS,J ft W.P.No.2555 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India is filed seeking the following relief: “....to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents herein particularly Respondent No. 3 in violating the Proceedings issued vide Lr. No. KSCCL/Indoor Shuttle Court/2023-24/6 dated: 31.01.2024 in allotting the Shuttle Courts maintained under the name and style Dr. Y. S.R. Indoor Shuttle Courts at Ramaraopeta, Kakinada, Kakinada District (Erstwhile East Godavari District) in not receiving the amount for the period 26.01.2025 to 25.01.2026 and amount of Rs.8,24,000/- which has to be extended from 26.01.2026 to 25.01.2027 as per the proceedings as nothing but illegal, highhanded and not in conformity with the Executive functionaries conferred apart from violative of Article 14, 19 (1)(g) and 21 of the Constitution of India and consequently direct the Respondent No. 3 to receive the advance amount of Rs. 8,24,000/- for continuing the Petitioner to manage and maintain the Dr. Y.S.R Indoor Shuttle Courts situated at Ramaraopeta, besides Bala Bhavan of Kakinada Town, Kakinada District (Erstwhile East Godavari District). ” Heard learned counsel for the petitioner, learned Government 2. Pleader for Municipal Administration and Urban Development representing respondent No.1 and learned Standing Counsel representing respondent Nos.2 and 3. Brief facts of the case are that the 3’’^ respondent - Kakinada Smart City Corporation Limited (KSCCL) has entrusted the work of 3. Maintenance and Management of Dr. Y.S.R. Indoor Shuttle Courts at Ramaraopeta in Kakinada’ to the petitioner, for a period of twelve months on lease agreement, vide proceedings bearing 4, 3 VS,J W.P.No.2555of2025 Lr.No.KSCCL/Indoor Shuttle Court/2020/1 dated 26.11.2020. Thereafter, the lease agreement was extended for a further period of two years with 10% enhancement on previous lease amount. While the lease period was about to expire on 26.01.2024, the respondent, by letter dated 28.12.2023, informed the petitioner that the lease agreement has been extended for a further period of three years with 10% enhancement of lease amount for every consecutive year and directed the petitioner to pay the lease amount of Rs.7,49,984/- in advance. It is the case of the petitioner that he has paid the said amount of Rs.7,49,984/- as directed by the 3’’^ respondent, for the year 2024- 25 and thereafter, though he is ready to pay the amount for the year 2025-26, the 3'^^ respondent is not receiving the same and dodging the matter on one pretext or the other. As such, the petitioner seeks a direction to the 3'^'^ respondent to receive the advance amount of Rs.8,24,000/-, so as to enable the petitioner to continue to manage and maintain the subject Shuttle Courts. 4. Today, when the matter came up for admission, Mr. M. Krishna Rao, learned Standing Counsel representing respondent Nos.2 and 3, has produced before this Court a copy of the letter dated 20.01.2025 addressed by the Chief Financial Officer, KSCCL, to the petitioner, informing that the petitioner has not paid the advance amount of 5. 4 VS,J W.P.No.2555 of 2025 Rs.7,49,984/- for the second year, which is due by 27.01.2025, and the said amount immediately within 24 therefore, directing him to pay hours of receipt of the notice. counsel for the petitioner submits that the petitioner 2024-25, but however, admits 6. Learned has cleared the payment for the year that the payment for the year 2025-26 is due by the petitioner and more time to the seeks indulgence of this Court to grant some petitioner to pay the said amount. and circumstances of the case, this Court the entire In the above facts 7. deems it appropriate to permit the petitioner to pay outstanding amounts, as expeditiously as possible, preferably within a weeks from today. Upon making such payment, the and permit the petitioner to and management of the subject period of three respondents shall accept the same continue with the maintenance Shuttle Courts in accordance with the lease agreement. With the above directions, the Writ Petition is disposed of. No 8. order as to costs, interlocutory Applications, if any, pending in this writ petition shall stand closed. Sd/- A. ViJAYA BABU assistant REGI^RAR r — ;TION OFFICER //TRUE COPY// SE To, 1 The Principal Secretary, Municipal Administration and Ui'ban / Development Department, State of AP, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Kakinada Municipal Corporation, Kakinada, Kakinada District, (Erstwhile East Godavari District. 3'. The Kakinada Smart City Corporation Limited, Represented by its Chief Executive Officer, CCC extension Building, Victoria Water Works, 3 light Junction Road, Ramaraopeta, Kakinada, Kakinada District, (Erstwhile East Godavari District). ^4. One CC to Sri A. K. Kishore Reddy, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] -6. One CC to Sri M. Krishna Rao, SC for Municipality (OPUC) 7. Three C.D. Copies. Cnr HIGH COURT DATED:04/02/2025 ORDER ^ \ 8 FEB 2C23 | . CuffWl Section ^ jl ^^Si£e»ATC»;SSi^ WP.No.2555 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS