K. Pandu Ranaga Rao vs. The State Of Andhra Pradesh
Held
The Court noted that both the petitioner and the respondent Municipality's counsel agreed to dispose of the writ petition based on the averments made in the counter-affidavit and the submissions. Specifically, the Standing Committee's resolution to renew the lease for a period of three years from March 1, 2019, to February 28, 2021, with a rent enhancement of 33.33% along with 18% GST was acknowledged. The petitioner's counsel had no objection to this enhancement. Therefore, the Court found that nothing further survived for adjudication. The writ petition was disposed of, noting the extension of the lease until February 28, 2021. No costs were awarded.
Facts
The petitioner filed a writ petition challenging the respondent Municipality's action of not renewing their lease until February 28, 2021, for a three-year period. The respondent Municipality filed a counter-affidavit. In paragraph 12 of the counter, it was averred that the Standing Committee, by resolution on April 2, 2018, decided to renew the petitioner's lease for three years from March 1, 2019, to February 28, 2021, with a 33.33% rent enhancement, inclusive of GST. The petitioner's counsel agreed to dispose of the writ petition based on this submission. The Standing Counsel for the Municipality confirmed the resolution, stating the rent enhancement included 18% GST, and drew the Court's attention to the relevant proceedings.
Key Issues
1. Whether the Municipality's refusal to renew the lease until February 28, 2021, was justified, considering the petitioner's claim for a three-year renewal. (Mixed question of law and fact, concerning contract law and administrative action). Petitioner's contention: The petitioner sought renewal of the lease for a period of three years until February 28, 2021. Revenue/State's contention: The Standing Committee, by resolution, decided to renew the lease for three years from March 1, 2019, to February 28, 2021, with a rent enhancement of 33.33% along with GST at 18%. The petitioner had no objection to this enhancement.
AI-generated summary — verify with the full judgment below
1 THE HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU Writ Petition No.6825 of 2018 ORDER:
Heard the learned counsel for the petitioner and Sri M. Manohar Reddy, learned Standing Counsel for the Municipality.
Learned counsel for the petitioner points out that the writ petition was filed questioning the action of the respondents in not renewing his lease till 28.02.2021 (for a period of three (3) years). He points out that the counter affidavit of contesting 2nd respondent has been filed. He draws the attention of this Court to paragraph 12 of the counter, wherein it is clearly averred that the Standing Committee on 02.04.2018 vide resolution No.37 has decided to renew the petitioner’s lease for a further period of three (3) years from 01.03.2019 to 28.02.2021 by enhancing the rent at the rate of 331/3% along with GST.
He therefore submits that the writ petition can be disposed of noting the said submission. Learned Standing Counsel also agrees to this and points out that the resolution is to the effect that the rent is enhanced along with GST of 18% and draws the attention of this Court to the proceedings also.
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.