HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 19576 of 2009 DATED: 16.09.2009 Between: A. Baswa Reddy .. Petitioner And The Warangal Municipal Corporation .. Respondent O R D E R: The petitioner asserts that the respondent leased out the Municipal Shop bearing No.8 situated at Old Municipal Shopping Complex, Kazipet in his favour with effect from 15.12.1977. According to the petitioner, the respondent enhanced the rent at the end of every lease period by 33-1/3%, and extended the lease period from 01.01.2005 to 31.12.2008. As the lease period expired on 31.12.2008, the petitioner made representation dated 1.1.2009 requesting him to enhance the lease period by enhancing the rent by 33 1/3% on the earlier rent. Now, the grievance of the petitioner is that the respondent, without considering and passing any orders on his representation, and without giving him opportunity of hearing, has directly issued the impugned notice dated 8.9.2009 calling upon him to vacate the shop within three days from the date of receipt of the notice, and subsequently issued a Public Notification dated 9.9.2009 proposing to auction Shop No.8 of the petitioner, and the auction is scheduled to be held on 17.09.2009. The learned counsel for the petitioner contended that the impugned Notice dated 8.9.2009 and the Public Notification dated 9.9.2009 issued by the respondent directing him to vacate the Shop and also proposing to auction the same are contrary to the provisions the Hyderabad Municipal Corporation Act, 1955. Heard the learned counsel for the petitioner and the learned Standing Counsel for Warangal Municipal Corporation appearing for the respondent and perused the material placed on record. Having heard the learned counsel for both the parties and having regard to the facts and circumstances of the case, the relief sought for by the petitioner to direct the respondent to continue the petitioner by renewing the lease on the enhanced rent at the rate of 33 1/3% over the previous rent, cannot be granted by this Court, particularly when the period of lease granted to the petitioner came to an end by 31.12.2008. If the petitioner so chooses, he is at liberty to participate in the auction. Hence, the writ petition is dismissed, and the petitioner is granted a week’s time to vacate the premises. No costs. _______________ N.V. RAMANA, J. 16th September, 2009 Note: Furnish copy by tomorrow B/o bcj