THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.7458 of 2008 DATED:22.12.2009 Between: Motha Ashok Kumar .. Petitioner And The Municipal Corporation of Rajahmundry, Rep., by its Commissioner, Rajahmundry .. Respondent THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.7458 of 2008 ORDER: The petitioner was granted lease upon Plot No.4, Kotilingalapet Timber Yard, Aryapuram, Rajahmundry, by Rajahmundry Municipal Corporation several years ago. It was being renewed from time to time. The lease expired by 31.03.2007. Thereupon, the Corporation issued a notice dated 06.01.2007 giving option to the petitioner to get the renewal of the lease for three more years on enhancement of the lease amount by 50%. The arrears of Rs.11,020/- were also indicated. The petitioner states that he has made the deposit of requisite amount with a view to get the lease renewed by three more years from 31.03.2007. The Commissioner of Municipal Corporation issued another notice, dated 19.03.2007 requiring the petitioner to vacate the plot. The same is challenged in this writ petition. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent. It is rather curious to note the contents of the impugned notice. It is dated 19.03.2007, but is signed on 19.03.2008. Therefore, it can be stated that date 19.03.2007 is a typographical mistake. The respondent itself stated that the advance deposit made by the petitioner is adjusted towards lease up to 31.03.2008. By stating that fact the petitioner was asked to vacate the premises. No mention was made about the offer made by the Corporation itself for renewal of the lease for three more years. This is a typical case of non-application of mind and the said notice cannot be sustained in law. Hence, the Writ Petition is allowed and the impugned notice is set aside. It is directed that the petitioner is entitled to remain as lessee up to 31.03.2010 on payment of the rents indicated in the notice, dated 06.01.2007. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J 22nd December 2009 KH