THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2293 of 2008 Date: 07.02.2008 Between: I.Madhava Reddy … Petitioner AND The Commissioner, Municipal Corporation, Kadapa And others … Respondents Counsel for the petitioner: Sri R.Subba Rao Counsel for respondents: Sri S.I.Newton, Standing Counsel HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2293 of 2008 ORDER: This writ petition is filed for a writ of mandamus to quash resolution dated 5.12.2007 of the General Body of the Municipal Corporation, Kadapa whereby it requested respondent No.3 to cancel the lease granted in favour of the petitioner for a period of 25 years to run the hotel by name, Hotel Vijaya. Heard Sri R.Subba Rao, learned counsel for the petitioner and Sri S.I.Newton, learned Standing Counsel for the respondent No.1 - Municipal Corporation. The contention of the learned counsel for the petitioner is that the lease which was granted earlier to run a restaurant was renewed by the erstwhile Kadapa municipality and the same was approved by respondent No.3 by G.O.Ms.No.531 dated 19.11.2003 for a period of 25 years with effect from 1.4.2004. He further submitted that on seeing a report in the newspaper that respondent No.1 decided to cancel the lease, the petitioner applied for necessary information. By endorsement dated 17.1.2008, the petitioner was informed that the General Body of the Municipal Corporation in its meeting resolved to request the Government to cancel the lease given to the Vijaya Hotel for 25 years duly canceling the earlier Standing Committee resolution dated 31.3.2007 and that action is being taken accordingly. Sri S.I.Newton, learned Standing Counsel submitted that the 1st respondent – Corporation would follow the due legal procedure before canceling the lease in favour of the petitioner and taking over possession of the property from the petitioner. In view of the fact that the petitioner has not been communicated with the resolution of the General body of the Municipal Corporation of Kadapa canceling the lease period, and taking into consideration the above mentioned submission of the learned Standing Counsel, I am not inclined to entertain the writ petition at this stage. The petitioner is left free to question the communication of cancellation of lease as and when received by him. It is made clear that the respondents shall not interfere with the petitioner’s right to run the restaurant conferred under G.O.Ms.No.531 dated 19.11.2003 without following the due process of law. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.2954 of 2008 filed by the petitioner seeking relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:07.02.2008 mdaa