High Court · 2025

17. Myakam {l'i,livas, Sio late Myakam Venkataiah age abor.,l 48 years, Occ. Busines,s Owner of M/s. Srinivasa Cloth Stores, Shop '\O.7, ZPHS (B) Shopping Complex, Mohammadabad Rl/o tt4ohammadarrad village and Mandal of lltahabubnagar Dist lS.Mangali Padmamma, W/o M. Narsimhulu aged about 62 yea's, Occ. Business Owner of l\1r s. Charan Hair Culting Saloon, Shop ltlo t), ZF'HS (B) Shopping Complex, \{ohammadabad RJo lt4ohammadaba(l v I age and lvlandal of Mahabubrragar Dist.

19. Mangali l.larsimhulu, S/o Late M. Bheemaiah aged abou . 51 years, Occ. Business PJo Gopa Smayee Hair Cutting Saloor, Shop No.s, ZPHS (B) Shopping C;omplex, Mohammadabad R/o ltrlohammadabad village and Mandal of L4ahabubnagar Dist.

20. Golla Bal Raj, S/o G. Ramchandrarah aged abou. 5Cr year s, Occ. Buisness Owner rf [r4i s. Sai Chandra Brryanr Point, Shop I'Jo.1. ZP -lS (B) Shopping Complex, \,4ohammadabad Rio lvlohammadabacl v lage and lvlandal of lVlahabu brragar Dist. 21 . Golla Ven (ataiah, S/o G. Kistarah aged about 49 ye,:rs Occ Business Owner of M/s, ,Anji l-lotel, Shop No.3, ZPHS (B)Shopping Lonrclex, l\,4ohammadabad R/o Moharrmadabad village and lt4andal 6i 11,'12[3[1rl;63r;3 r [,ist. 22.Edigi Raje rrder, S/o Kistaiah aged about 52 years. Occ. Brrsiness Owner of M/s. PIt,4 l]raratiya Generik lvledical Shop, Shop NJo l, ZP lS (B) Shopping Complex, \4ohammadabad R/o Mohammadabacl vrl age and lVandal of Mahabubrraqar Dist ...pETlroNERs AND 1 2 3 4 The State cf Telangana, Rep. by its Principal Secret,lry, Edur;sti6n psp1., Teangana Secretariat, Hyderabad. The District Collector, lVahabubnagar Dist. Collector Off ce, I.lhoothpur Road, Mahabubr agar. The Distrir:t Educational Officer, Collector Office, Bhoothpur lload, Mahabubr agar. Chief Exe<;Lrtion Officer Zllla Prishad Office, It4ahabu tng ar Di ;t The [\1ard ai Educational Officer, A,4ohammadabad Village an i lVandal of Arlaha bu br agar District.

6. The Headmaster, ZPHS(8), tulohmmadabad village and Mandal of i. S;hdbl Edr&iion cnaihan zPHS (aovs), Rep' bv its chairman Mahabubnagar District. Smt. B. Laxmi Devi ...RES'ONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent No 5' 6 & 7 re- tendering and allotting the shops bearing No 1 to 26 except 15' 17 and 20 High School, (Boys) Mohammadabad is illegal' un- ol Zilla Parishad and void and against the principle of natural justice' constitutional, null consequential direct the respondent No 5, 6 and 7 to continue the petitioners as renters, in their respective shops on the same existing rents' of enhancement 10 percentage for every two years, respectively without evicting them' without fallowing due Process of law IAN O: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitron, the High court may be pleased to issue the direction to the respondents stop the tenders of the shop No'l to 26 except 15, 17 and 20 of Zrlla Parishad High School' (Boys) Mohammadabad including the illegal eviclion and interference by the respondents no 5' 6 and 7 in the rented shops of the petitioners till the disposal of the main writ petition Counsel for the Petitioner: SRI' RAMAKIRISHNA REDDY MALAYALA Counsel for the Respondent Nos' 1to3'5to7: GP FOR SCHOOL EDUCATION Counsel for the Respondent No'4: SRI P' KISHORE RAO' SC The Court made the following: ORDER I 1 I I i TTIE HON'BLE SRI JUSTICE T. VINOD KUM,,\R ORDER WRIT PETITION No.3804 of 2025 I{e arC leamed counsel for petitioners, learrrecl Go,' emment Pleader lbr School Education appearing on beha f ol re.;pondent Nos.l .o 3 j; to 7 and Sri P.Kishore Rao and l,:anrccl ,itanding Counsel tp tearing on behalf of respondent No.4, ani pcr.rsed the record, \Vir.h the consent of leamed counsel aPpearing tbr the parties, the 'i/rit Petition is taken up for hearing an<l disposal at admissior r s .zrge. l. Shorr of unnecessary details, the case ot'lhe 1,c1i11,ypg., i,.r brief is th at th,:y have taken the shops belonging to thc rcsr ondents constru<:tc,d itr an open space of Zilla parishad l.ligr School on rent basis ne arlr".rvo decades back and are eaking thc.ir lirr.lil ood bv rtrnning sr rra I tusinesses therein.

3. Pctiticners further contend that thel.itavc t,ecr grl., ing thc rent reg -rl rrl\ to the respondents with an increasr: o i' l(1,_r er c-r) year ov€ r th,: previous year's rent; and that in spi,.,: o l pe t tioner.s paying r,rn1- rrt due date, the respondent authorities ire r_.,ou eeking to evict .h,: Jrrtitioners from the aloresaid shops rr irhout lir low.ing 2 due process of law, which action it and arbitrary. rs contended as highly illegal 4 Per contra, learned Govemment pleader appearing on behalf of respondents would contend that though there were few shops earlier, the respondent authorities have constructed/added new shops in all making it to 24 shops and intending to allot all the shops by inviting tenders, the respondent authorities have issued notification calring for appricati.ns rrom interested parties between 5'h to 7'h of February, 2025, ancl the auction for allotment of the said shops is scheduled today i.e. t l_02-2025.

5. Leamed Govemment pleader would lurther submit even prior to the respondent authorities iritiating action to altot all the 24 shops through public auction. a rnecring was held in the School premises in July, 2024 and trrcr.eafter the petitioners were issued with first notice on 24_Il_2024, and thereafter another notice dated 24-12-2024 granting 24 days rirne ro vacare the shops and deliver vacant possession to the respondents.

6. Leamed Govemment pleader would further submit that since the respondents now intcnd to allot the shops by way of -7 3 public auct ()n. it is always open to the petitioners ro lake part thereir r nor: particularly in the absence of any .r,ril.ten a greement of leas: ,rr th,: period of lease/rend having been specif, ed.

7. ,errted Govemment Pleader would further sr-rbrr,it that at the rer1u,.:sr ol the petitioners, they were given tirre erLrlier tbr vacating the shops and since petitioners have failed ro vrcate the shops qrven on rent to them, the respondent authorit es lrave initiate j rcti :n by issuing notices.

8. Lei rned Govemment pleader also conten<.ls trat l ince the auctio, i: s,:ir,:duled today, the present Writ petitio, is lilc-rl only to stall tht irfor,:,;aid auction, and thus, seeks for disnrissal .l-the Writ Petition. 9 I 0. I har e taken note of respective contentions Lrrq,,,cl I drtirtedly, there is no written agreem(:.rr het* ,:cn the petition,:r; ;rLtl respondents in respect of the shops rhiLt he,,c been siren on lct;,:/rent to them for deciding the leas.e ttnur:r or its tcrri.lrli.,. In the absence of any written agreelr'r)I. rltt ;easc is to be trcarr:cl .r,; month to month basis, and thus, is tc.r-rrrinal,lc u,ith ()nc nroll lt totice. 'lhe respondents by issr,rin: rt rtict rlatcd 4 27-ll-2024, not only put the petitioners on notice requiring them to vacate the said shops, but also informed the petitioners that they can also take part in the tender process, by which the aforesaid shops would be allotted. I 1. Notwithstanding the issuance of the aforesaid notice, the respondents have once again issued another notice dated 24-12-2024 granting 24 days to the petitioners to vacate the shops and deliver possession thereof to the respondents.

12. In spite of the aforesaid indulgence shown by the respondent authorities, firstty by issuing notice dated 27-l l-2024 and thereafter another notice dated 24-12-2024, the petitioners did not vacate the said shops even though rnorc than one month having been passed thereby since then. On the other hand the pctitioners by the present Writ Petition are trying to stall the tender process, by which the shops are sought to be allotted to the interestcd parties through public auction.

13. Further, it is also to be noted that as the respondent authorities by their notice dated 2l-l l)024 having infbnned the petitioners that they would also be entitled to take paft in the tender : i. t I I I L I I I I l i I I I l I i 5 proce:;s. tl- is (lourt is of the view that no right irs colGn ed on the petition,rrs t,r seek continuation in the shops olt account of they being ir cccupation fbr longer period and paying rents regularly withoLLt iaL i rg any valid agreement. I4 l'h i ; Court, in similar circumstances, b1, orc er dated 23-0 l-l(12'i lrassed in W.P.No.1616 of 2025 had held wt,ere rhere ls a u rI tc I agreement one month notice for ev icl.ion ., vould be sutfici,:n.. In t]te facts of the present case as not,:d herejn above, since 1,g ilit'r crs were given notice on 27_ll_20)-4 trnd rgain on

2.1- l2-.1(,.1-1. ,:r en rhe said period of 30 days norice is lc,ng over, a.d tht s tf is ('ourt is of the v.iew that no interference eir her with the res )(,nr ( nt.s issuing tender notification or conduc:tinp auction toda_r' i e. orr I I -02-2025 is called for. Li- Ihi \,!rit petition therefore fails and rt rs acct rdingly, d isrtt i:s ,'r '.. ) c()sts i6 C ()n. ir u(,ntlt, miscellaneous petitions, if 2nr,, pe ndirq shall stand cl rs:il //TRUE COPY// SD/. K.SREEI: Tt'!:o^ I 919 9l t:, sl,,l B|y4{tRlsHNA REDDY rr,rnr-nynrlq n rwo u( s rr ,p FOR SCHOOL EDUCATION ,Hiqh Errrr "'|r''I\/Ju' lelalgl!;rtiyderabad[OUTJ onecc r sfI P KtsHoRERAO,SC IOPUCI Two Ct ( o l,i: s B l\,4 GJP IAMA MURTHY T REGISTRAR SECTION OFFICER dvo( ate [OPUCI for I re State of I I I I )l ! t ! I ! I r I To, 1 2 3 4 o HIGH COURT DATED i1110212025 ORDER WP.No.3804 ot 2025 I 1t\ E STAr e e (- .. I ,1 /r/ o t' ,{ //\ ,t,' <, ;; ,L),-y \"1 \,, .\ ? B Jtjl'l 2tr25 I l.:r:,:rcugO-"i -:-._-l DISMISSING THE WRIT PETITION WITHOLIT COSTS !t {\ \c