IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10403 of 2008 Between: M/s Auto Suppliers, a partnership firm (under partnership Act), reptd. by its Managing Partner, Ram Dev, S/o. Kishan, R/o. 5-9-58/A, Basheerbagh, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, reptd. by its Secretary to Government, Revenue Department Secretariat Buildings, Hyderabad. 2 The District Collector, Hyderabad District, Hyderabad. 3 Tahsildar, Nampally, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more in the nature of Writ of Mandamus declaring the action of the respondents No.1 and 2 in not considering the application of the petitioner for alienation of the land or for extension of lease and to communicate the result thereof in a period of 3 months under the directions of this Hon'ble Court in W.P.26994/98, dated 05.06.2007 and in erroneously fixing the amount payable by the petitioner at Rs.1,19,75,930/- towards of lease of land caculated as per G.O.Ms.No.840, dated 14-10-96 after deducting the amount already paid under the directiosn of this Hon'ble Court as illegal amounting to disobedience to the directions issued by this Hon'ble Court in W.P.26994/98 and consequently to direct the respondents to consider the representation of the petitioner dated 31.03.208 for fixing the market value per square yard as estimated and communicated by the respondent in the year 1992 and thereby to fix the market value to the payable by the petitioner or alternatively to grant lease for using the balance land to an extent of about 200 sq. yards., in possession of the petitioner for running petrol bunk (outlet) within reasonable time and not to insist for the payment of the lease amount of about Rs.1.20 crores before taking final decision in the matter and to pass Counsel for the Petitioner:MR.P.V.MAHESH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.10403 OF 2008 ORAL ORDER: Questioning the action of respondent Nos.1 and 2 in not considering the representation of the petitioner dated 31.03.2008 for fixing the market value of the land as estimated and communicated by the respondents in the year 1992 and consequently not fixing the market value payable by the petitioner or alternatively granting extension of lease for using the balance land to an extent of about 200 square yards which is presently in possession of the petitioner for running petrol bunk, as directed by this Court in Writ Petition No.26994 of 1998 dated 05.06.2007, the present writ petition is filed. According to the petitioner while the proposal for sale of the land in question in its favour was under active consideration, the 3rd respondent- Tahsildar passed eviction orders dated 15.09.1998, and questioning the said orders, the petitioner earlier filed Writ Petition No. 26994 of 1998, and this Court, by order dated 05.06.2007, allowed the said writ petition with the following directions: “For the foregoing reasons, the writ petition is allowed and the impugned order is set aside. The respondents 1 and 2 shall consider the application of the petitioner for alienation of the land, or extension of the lease, as the case may be, and communicate the result thereof, within a period of three months from today, to the petitioner. As a condition precedent for the said exercise, the petitioner shall deposit a sum of Rs.10 lakhs (ten lakhs), within four weeks from today, towards tentative rent for the past 20 years. The respondents 1 and 2 shall fix the amount, payable by the petitioner towards rent, or the charges for use of the place for this period, within a period of two months from today. The future relationship of the petitioner and the respondents shall depend upon the outcome of the orders that respondents 1 and 2 may pass on the application filed by the petitioner for alienation or extension of the lease. In case, the petitioner fails to deposit the rent of Rs.10lakhs, as directed above, the impugned order shall remain intact, and it shall be liable to be evicted. There shall be no order as to costs.” The grievance of the petitioner is that pursuant to the said orders of this Court it made representation dated 31.03.2008 to the first respondent-District Collector for fixing the market value of the land as estimated and communicated by the respondents in the year 1992 or for extension of the lease of the land for running petrol bunk, but so far no action had been taken thereon. Hence he filed the present writ petition. Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. The learned Assistant Government Pleader, on instructions, submitted that pursuant to the orders dated 05.06.2007 passed by this Court in Writ Petition No.26994 of 1998, the second respondent has issued notice to the petitioner calling upon it to produce the lease deed and other relevant documents for taking necessary action but since the petitioner has not produced any such documents no final orders are passed on the representation dated 31.03.2008. He further submitted that the respondents would certainly consider the said representation filed by the petitioner and pass appropriate orders thereon taking into consideration the directions given by this Court in W.P. No.26994 of 1998 dated 05.06.2007 In view of the said submission made by the learned Assistant Government Pleader for Revenue, without going into the merits of the case, I deem it appropriate to dispose of the writ petition at the stage of admission with the following directions: The second respondent-District Collector, Hyderabad, is directed to consider and dispose of the representation dated 31.03.2008 made by the petitioner, in the light of the directions given by this Court in Writ Petition No.26994 of 1998 dated 05.06.2007, and pass appropriate orders thereon in accordance with law, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 17.06.2008 VGSR