IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24199 of 2008 Between: Nandika Radha Krishna S/o. Rambabu R/o. D.No. 23-1-75/1, Perrajupet, Kakinada, East Godavari District. ..... PETITIONER AND 1 Government of A.P., Rep by its Secretary, Health and Health Department, Secretariat, Hyderabad. 2 Superintendent, Government General Hospital, Kakinada, East Godavari Dist. .....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 of Mandamus or any other appropriate Writ, order or direction declaring the proceedings of the 2nd Respondent in Rc.No.505/H2/2008, dt.16-06-2008 reducing the lease period from 31-3-2009 to 8-11-2008 as illegal, arbitrary etc., and grant such other relief or reliefs as the Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.V.L.N.SARMA Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24199 OF 2008 ORDER: 1. This writ petition has been ﬁled by Nandika Radha Krishna assailing the action of the respondents in reducing the lease period from 31-3-2009 to 8-11-2008 to run a public telephone booth near Gyneac gate in Kakinada Government General Hospital. 2. Petitioner entered into a lease agreement with the 2nd respondent for running STD Booth. He made a security deposit of Rs.50,400/-. The lease period commences from 1-4-2007. The lease was to expire on 31-3-2009. The monthly rental is Rs.4,200/- for the ﬁrst year. Subsequently the rent was enhanced to Rs. 4,620/-. The petitioner failed to pay rentals. Therefore, the 2nd Respondent deducted the rents from the security deposit. The deposited amount would become nil by 8-11-2008. Therefore, the 2nd respondent demanded the petitioner to vacate the premises and hand over the same on 8- 11-2008. Hence, this writ petition. 3. Heard learned counsel appearing for the petitioner and perused the affidavit filed in support of the writ petition. 4. Learned counsel for the petitioner submits that the petitioner could not pay the rentals because of steep fall of the BSNL STD Pulse rates. 5. Whatsoever may be the reasons, a fact remains that the petitioner committed default in payment of rents and therefore the 2nd respondent deducted the rentals from security deposit. The security deposit would become nil by 8-11-2008. Therefore, the 2nd respondent is justiﬁed in directing the petitioner to vacate the premises. 6. It is the contention of the petitioner that he could not pay the rentals because of the reduction of STD Pulse rates. If such is the situation, the petitioner is at liberty to make a representation before the 2nd respondent and thereupon the 2nd respondent has to consider and pass appropriate orders. 7. With the above observations, this writ petition is disposed of at the admission stage. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 5th November, 2008 Note: C.C. tomorrow B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24199 OF 2008 5th November, 2008.