Andhra Pradesh High Court – Amravati
The Kurnool Exhibition Society vs The State of AP
BENCH – HON’BLE Mr. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON’BLE Mr. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.314 of 2023
DATE OF JUDGEMENT – 12 MAY 2023
FACTS
By the order under appeal, learned single Judge has disposed of the writ petition directing the 2nd respondent (Commissioner, Kurnool Municipal Corporation), to conduct an auction amongst the 7 applicants who have applied for lease and then lease out the exhibition ground to the successful bidder according to law, at the same time, allowing the petitioner also to participate in the said auction.
The municipal/exhibition ground was leased out to the petitioner about 41 years back as claimed in the writ petition and the same is being extended from time to time. The 2nd respondent appears to have issued an endorsement in June 2018 that petitioner would continue to have the lease of the said municipal ground/exhibition ground subject to conditions. However, despite the said promise, lease is not allowed in favour of the petitioner for the present year and instead the 2nd respondent is seeking to lease out the property to other applicants who have applied for grant of lease.
The 2nd respondent argued before the learned single Judge that the Commissioner has got power to lease out any immovable property only upto a period of 12 months and for lease beyond the said period and upto 3 years, the Standing Committee is empowered and, thereafter, for a period of above 3 years and upto 25 years, Government is competent to lease out the property; as such, Commissioner cannot extend the said lease in favour of the petitioner. Since the 7 applicants have requested for grant of lease of the municipal/exhibition ground, Kurnool, the Corporation has passed a Resolution on 14.09.2022 to conduct auction amongst the 7 applicants including the petitioner.
The relief sought by the petitioner in the writ petition is based upon the endorsement of the Commissioner dated 21.06.2018 by which the petitioner was informed that no order will be given to others to hold exhibition on the municipal/exhibition ground from the month of February to Mayevery year, as also that Kurnool Exhibition Society cannot issue any permanent orders to hold exhibitions from the month of February to May every year, because elections may be held during the said period and many public programmes organized by the Government may also be held. The communication further says that the petitioner can be allowed to hold exhibition only when there are no Government programmes during the said period.
JUDGEMENT
In the absence of any lease in favour of the petitioner setting out the terms and conditions of the lease evidencing the petitioner’s right to continue to have the lease in its favour on an year-to-year basis, learned single Judge has rightly disposed of the writ petition directing the Commissioner to conduct auction among the 7 applicants who have applied for lease and then lease out the exhibition ground to the successful bidder according to law. The hon’ble court had no reason to interfere with the order under appeal and the appeal is, accordingly dismissed.
JUDGEMENT REVIEWED BY HARSHIT JAIN
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