High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of wRlT oF MANDAI/US to declare the action of the respondents 3 and 4 in vacatingthepremiSeSofthepetitionerbearingH-Nos.3-239/A,3-23913Situatedat KarlMarxColony,BhupalpallyTown,JayashankarBhupalpallyDistrictwithout clearingtheoutstandingrentalamountsaswellasnotattendingtherepairsand fixtures of the building, as illegal, arbitrary and contrary to the Lease Agreement' daled 19.12.2023 and consequently d irect the respondents 3 and 4 to clear tlte dueamountsaswellasrepairsandfixturesofthebuiHingpriortovacatingthe premises of the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 and 4 to consider the representation, dated 28.'2.2024 for the payment of outstanding due amounts as well as repairs and fixtures of the premises of the petitioner bearing H.Nos.3-239/A, 3-23913 situated at Karl Max Colony, Bhupalpally Town, Jayashankar Bhupalpally District, pending finalization of the Writ Petition. Counsel for the Petitioner: SRI NARENDAR JALLI Counsel for the Respondent Nos.1,2 & 4: AGP FOR SOCIAL WELFARE Counsel for the Respondent No.3: SRI S.BHOOPAL REDDY, SC FOR TMREIS The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PE ON No .438 of zfJ25 ORDER: Heard Sri Narendar Jalli' learned counsel appearing on behatf of pet'tioner, learned Assistant Government Welfare, aPPearing on behalf of Pleader for Social 2 and 4 and Sri S' BhooPal Reddy' respondent Nos.l. Counsel for Telangana Minorities learned Standing Residential Educational Institutions Society, appearing on behalf of resPondent No'3' r ro c h r 2 as under: "...to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action oftherespondents3and4invacatingthepremisesofthe petitioner bearing H ' Nos 3-239/ A' 3-239/3 situated at Karl Marx Colony, Bhupalpally Town' Jayashankar Bhupalpally District without clearing the outstanding rental amounts as well as not attending the repairs and fixtures of the building as illegal' arbitrary and contrary to the Lease Agreement dated 19'12'2023 and consequently direct the respondents 3 and 4 to clear the due amounts as well as repairs and fixtures of the building prlor to vacating the premises of the petitioner and pass - "' 2 SN. J wP_438_2025 3 The case of the petitioner in brief is that the petitioner is the absolute owner and possessor of house bearing Nos. 3-239/A, 3-239/3 situated at Karl Marx Colony, Bhupalpally Town, Jayashankar Bhupalpally District and the 4rh respondent had entered into Lease Agreement with the petitioner on 13.03.2017 for the period of three years to start a residential school in ther building of the petitioner and thereafter the 4rh respondent extended the said lease agreement on 02.02.2022 and renewed on 19.12.2023 for further period of three years. Subsequently, the 4th respondent issued a notice dated 05.09.2024 to the petitioner stating that the 4th respondent is going to vacate the premises of the petitroner within three months and thereafter the petitioner issued reply notice to the 4th respondent to pay outstanding due amounts to attend the repairs and fixtures of the building. However, the respondents failed to pay the outstanding due amount to the petitioner. It is further the case of the petitioner that Memo dated 79.72.2024 had been issued by the 3.d respondent direct.ing the 4rh respondent to vacate the building of the petitioner for shifting of the petitioner,s building to Singareni Coll,eries br.rilding, Bhupalapally. r:i.,:{.r+ir;- I J SN, J wP 436 2025 Subsequently, the petitioner herein made a representation dated 28.t2.2024 to the respondent Nos.3 and 4 requesting the respondents to arrange for payment of Rs.37,03,860/- and to clear all the pending dues. However, no action had been taken on the said representation dated

28.L2.2024 by the respondents. Moreover, the respondent Nos.3 and 4 without considering the representation of the petitioner dated 28.12.2024 are proceeding to vacate the premises of the petitioner's house bearing Nos. 3-239/3 situated at Karl Marx Colony, Bhupalpally Town, 3-239/A, Jayashankar Bhupalpally District. Aggrieved by the same, the petitioner filed the present writ petition. l+t Learned Assistant Government Pleader for Social Welfare submits that the writ petition could be disposed of by directing the respondent Nos.3 and 4 to consider the representation of the petitiofler dated 28.12.2024 seeking payment of all pending dues to a tune of Rs.37,03,860/- within a reasonable period.

5. Learned counsel appearing on behalf of the petitioner does not dlspute the said submission made by the learned Assistant 4 SN, J wP 438 2025 Government Pleader appearing on behalf of respondent Nos.3 and 4. 6 r":. Takino into consideration (a) The facts and circumstances ofthe case, (b) The submissions put forth by the learned senior counsel appearing on behalf of the petitioner and the learned Assistant Government pleader for Social Welfare, (c) The contents of the representation of the petitioner dated 28,12.2024 addressed to the respondent Nos.3 and 4, (d) The Memo dated 19.12.2O24 The writ petition is disposed of directing the respondent Nos.3 and 4 to consider the representation dated 28.12,.2024 ot the petitioner seeking payment of alt pending dues to a tune of Rs.37,O3,g6lJ/- within a period of one (1) week from the date of receipt of the copy of this order and communicate the decision on the said representation dated 2A.12.2024 to the petitioner herein within one (1) week thereafter. However, there shalt be no order as to costs. ryr.; To 5 SN, J wP 438 2025 As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed' ,[RUE COPY/, SD/-MOH D. ISMAIL TREGISTRAR ASSI ST ION OFFICER lffiilf,m ; il?TEE;i,{i-'*a*^L'H$'" sc FoR rMRE s toPucl PSK. G]P eA HIGH COURT DATED:0710112025 ORDER WP.No.438 of 2025 o o ( * IHE Sl4 r..c 2 5 F[8 U025 {+ t D€.s rif rctir-g DISPOSING OF THE WRIT PETITION WITHOUT COSTS il?{ \