THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 17770 OF 2011 Dated: 14.07.2011 Between: J.Desaiah ..... PETITIONER AND Tirupati Municipality, Tirupati and others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17770 OF 2011 O R D E R : The petitioner herein was granted a lease in respect of cement sheet shed admeasuring 660 square feet situated in survey No.9/1B/1A at Municipal Old Bus Stand, Tirupati on a monthly rent of Rs.800/- for a period of five years. The initial agreement was entered into on 01.05.2002 and after the expiry of the lease period of five years, the same was extended for a further period as provided under Clause 3 (iii) of the lease deed on payment of enhanced lease rent of 33.1/3%. The petitioner states that he has been running a fast food center in the said premises and he has been regularly paying the rents and never violated the terms and conditions of the lease deed. It is also stated that on 14.06.2011, the petitioner made a representation seeking further renewal in terms of Clause 3 (iii) of the lease deed. Since the respondents failed to consider the same, the present writ petition is filed seeking a declaration that the action of the respondents in not renewing the lease as per Clause 3 (iii) of the lease agreement, is arbitrary and illegal. Sri Palle Nageswara Rao, who accepted notice for the respondents, on instructions stated that it is a fact that the petitioner made a representation for extension of lease for a further period and the same would be considered in accordance with law. The fact that the petitioner is continuing in possession as of today has not been disputed. In the facts and circumstances of the case, there shall be a direction to the respondents to consider the petitioner’s representation dated 14.06.2011 in terms of Clause 3 (iii) of the lease deed and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of this order. Till such time, the petitioner shall not be dispossessed from the premises in question. The Writ Petition is accordingly disposed of. No costs. _ ___________ G. ROHINI, J Date: 14.07.2011 Ivd