THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.30817 OF 2011 Dated: 22.12.2011 Between: M/s. Lakshmi Gasolene Pump ..... Petitioner AND The Guntur Municipal Corporation ..... Respondent The Court made the following: THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.30817 OF 2011 ORDER: This Writ Petition is filed seeking to issue Writ of Mandamus declaring the action of the respondent in seizing the petrol bunk of the petitioner in T.S.No.680/ward No.16 on the Trunk Road, Near Hindu College, Guntur in an extent of 3600 square feet on 28.10.2011 in pursuance of Notice, dated 30.08.2011, is arbitrary and illegal and further direct the respondent to handover of the same to the petitioner. 2. In the affidavit filed in support of the Writ Petition, it is stated that the respondent executed a lease agreement of land admeasuring 3600 square feet (80 X 45) in T.S.No.680 ward No.16 on the Trunk Road, Near Hindu College, Guntur on 24.03.1961 for annual rent of Rs.675/- commencing from 01.04.1959 in favour of Standard Vaccum Oil Company and later it was taken over by ESSO and the petitioner was appointed as dealer for running a petrol bunk in the year 1959. The rent was being enhanced from time to time from 1959 onwards periodically at about 33 1/3% escalation for a period of five years as per the inception lease agreement for 400 square yards (3600 square feet). While so, the respondent on 24.02.2009 had issued proceedings ROC No.2875/2007-A2 to the Senior Regional Manager, Hindustan Petroleum Corporation, Regional Office, Tadepalli by enhancing the lease as Rs.9,15,000/- unilaterally for an extent of 502 square yards and had given an endorsement on 05.02.2010 to pay an amount of Rs.23,78,190/- and in default, to vacate the petrol bunk. Aggrieved by the same, the petitioner filed Writ Petition No.5443 of 2010 and the same was dismissed on 09.03.2010 to avail the remedy of a civil suit before a competent civil Court. Accordingly, the petitioner filed O.S.No.799 of 2010 on the file of IV Senior Civil Judge, Guntur for declaration that the proceedings dated 05.02.2010 as illegal, void, unenforceable and for consequential permanent injunction restraining the respondent from collecting the lease amount more than Rs.60,000/- per year from 01.04.2008 onwards and also filed I.A.No.510 of 2010 in O.S.No.799 of 2010 to grant interim injunction restraining the respondent from collecting the lease amount more than Rs.60,000/- which was dismissed on 24.10.2011. It is stated that the respondent Corporation issued a notice dated 30.08.2011, which clearly shows that the respondent had given direction to the concerned Revenue Inspector to seize and take over the possession of the Petrol Pump and handover the locks to the office. The petitioner gave a reply on 05.09.2011. The petitioner has also filed I.A.No.983 of 2011 in O.S.No.799 of 2010 to grant interim injunction restraining the respondent from in any way seizing and taking over the possession of the Petrol Pump by locking the same on 30.09.2011 and the same is pending. It is stated that the respondent had seized the petrol bunk along with the stock of petrol and put seals on the bunk on 28.10.2011. Since petrol being evaporative in nature, the petitioner would be put to irreparable loss and prejudice, if the same is not sold at the earliest. Hence, the writ petition. 3. Learned counsel for the petitioner contended that without issuing any notice, the petrol bunk has been seized and therefore, the action of the respondent is in violation of the principles of natural justice. 4. On the other hand, learned Standing Counsel appearing for the respondent contended that the lease period was expired by 31.03.2011 and the petitioner is due an amount of Rs.28,84,538/- and therefore, the respondent has rightly seized the petrol bunk and there are no grounds to interfere with the same. 5. The petitioner is doing business in petroleum products. The lease period is extended by three years from 01.04.2008 to 31.03.2011. After expiration of the said lease period, the impugned notice, dated 30.08.2011 is issued directing him to vacate the premises and handover the same, for which, the petitioner gave a reply, dated 05.09.2011 stating that the lease period is extended upto 31.03.2014 and he sent the lease amount from 01.04.2011 to 31.03.2014 which was acknowledged by the respondent. Mere sending the rent does not confer any right to the petitioner to continue in the premises in question, unless extension of lease is granted. No agreement is filed to show that the lease period of the petitioner is extended upto 31.03.2014. Therefore, the contention of the learned counsel for the petitioner cannot be accepted in the absence of any written document. After the expiry of the lease, he has to handover the physical possession of the site to the Municipal Corporation. The learned counsel for the petitioner contended that because of seizure of the petrol bunk, there is possibility of evaporation of the petrol, if it is not sold. Hence, he prays to give permission to him to sell the petrol. On the other hand, learned Standing Counsel appearing for the respondent contended that the petitioner has not paid the lease amount regularly and as on today, the petitioner has to pay an amount of Rs.28,84,538/-. The petitioner is not paying the rents regularly. Whether an amount of Rs.28,84,538/- has to be paid or not has to be decided by the competent civil Court. 8. Therefore, in these circumstances, since there is likelihood of evaporation of petrol and there is a serious dispute with regard to the payment of rents, the permission is given to the respondent to sell the petrol and credit the sale proceeds to the credit of the suit and the deposit shall be subject to the result of the decision that may be given by the competent civil Court. Accordingly, the Writ Petition is dismissed. No costs. ______________ K.C.BHANU, J 22nd December, 2011 Note: Issue CC in three days (B/o) Ivd HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.30817 OF 2011 22nd December, 2011 Ivd