THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.3192 of 2011 Dated 09th August, 2011 Between: M/s.Foods Fats and Fertilizers Limited …Petitioner And State of Andhra Pradesh, rep.by its Principal Secretary to Government, Infrastructures & Investment Ports Department, Secretariat, Saifabad, Hyderabad and others …Respondents Counsel for the petitioner: Sri Ch.Dhanamjaya Counsel for respondents: GP for Transport The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of respondent No.2 in proposing to fix rents for the godowns separately, while considering the petitioner’s request for renewal of lease as being contrary to G.O.Ms.No.2, dated 09.01.2009. I have heard Sri Ch.Dhanamjaya, learned counsel for the petitioner, and the learned Government Pleader for Transport appearing for the respondents. The petitioner was granted lease of 4130.836 sq.meters in T.S.No.403/2B3, Ward No.6, Block No.14 of Kakinada Municipality for a period of 30 years for construction of godown for storing goods for export to overseas vide G.O.Ms.No.73, TR & B (P) Department, dated 24.01.1979. In pursuance of the said grant, a lease deed, dated 30.04.1980, was executed and registered. On the eve of expiry of the original lease period, the petitioner appeared to have approached the respondents for renewal. In the meantime, respondent No.1 issued G.O.Ms.No.2, Infrastructure & Investment (Ports-1) Department, dated 09.01.2009, whereby it has enhanced the rentals of Kakinada Port lands from Rs.15.25 ps per sq.yard per annum to Rs.37.73 ps per sq.yard per annum i.e., Rs.1,82,613/- per acre per annum for grant of leases for long term i.e., 30 years, with a provision for an increase of 15% every three years. It is further envisaged that the enhanced lease rentals are also applicable to the persons/companies who are already allotted lands. By the impugned letter, respondent No.2 called upon the petitioner to confirm its willingness for enhancement of the rent in respect of godown area of 3393 sq.mts., at the rate of Rs.35/- per sq.mtr., per month. It is the case of the petitioner that this proposal is contrary to the lease fixed under G.O.Ms.No.2, dated 09.01.2009. At the hearing, the learned counsel appearing for both the parties have admitted that it is only respondent No.1, who is competent to take a final decision on the rents payable by the lessees. The petitioner is, therefore, entitled to raise objections to the proposal initiated by respondent No.2 under the impugned letter. The petitioner appeared to have already submitted its objections to the letter of respondent No.2 by marking a copy to respondent No.1 on 07.02.2011. As no final decision on the proposal of respondent No.2 is taken by respondent No.1, the writ petition is premature. The petitioner is permitted to make a comprehensive representation to respondent No.1 by raising relevant objections to the impugned letter, dated 29.01.2011, of respondent No.2, within two weeks from today. On receipt of such representation, respondent No.1 shall consider the same in the light of G.O.Ms.No.2, dated 09.01.2009, and take a decision on renewal/grant of fresh lease in favour of the petitioner within a period of one month from the date of receipt of such representation from the petitioner. Till expiry of the above-mentioned period, the petitioner is permitted to pay the rents as envisaged in G.O.Ms.No.2, dated 09.01.2009. The amounts so paid shall be subject to the decision that may be taken by respondent No.1. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.3953 of 2011 and W.V.M.P.No.1866 of 2011 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 09th August, 2011 VGB