P. Ashok Kumar Reddy, S/o. Rama Mohan Reddy v. District Collector, Chittoor District
2021-10-28
BATTU DEVANAND
body2021
DigiLaw.ai
ORDER : Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj appearing for the respondent Nos.1, 3, 4 and 5 and Sri V. Vinod K Reddy, learned Standing Counsel appearing for the respondent No.2 and perused the material available on record. 2. With their consent, the Writ Petition is disposed of at the stage of admission. 3. Learned counsel for the petitioner submits that the petitioner participated in the auction of collection of lease amounts from the vendors of Kalikiri Weekly Market for a period from 01.04.2020 to 31.03.2021 and he became highest bidder for grant of Rs.6,85,000/-. Because of Covid-19 pandemic, the Government of India declared lock down from March, 2020. The market was partially opened on 01.11.2020. Having invested so much of money, the petitioner could not collect any amounts from the vendors of the market for more than seven months. Therefore, the petitioner made a representation to the 2nd respondent to extend the lease period from 01.04.2021 to 31.10.2021 in order to cover the loss of seven months. Considering the representation of the petitioner, the 2nd respondent passed resolution No.86 dated 06.01.2021 extending the period of lease from 01.04.2021 to 31.10.2021. The resolution of the Gram Panchayat was forwarded to the District Collector. Pending consideration of the same, the respondent Nos.2 to 4 took steps to issue fresh auction notification and at that stage, the petitioner filed W.P.No.8798 of 2021 and this Court disposed of the Writ Petition by order dated 29.04.2021 directing the respondents 2 to 4 therein not to conduct any auction to collect lease amounts from the vendors of the weekly market of Kalikiri Village for a period of lease from 01.04.2021 to 31.10.2021, in view of the resolution dated 06.01.2021 passed by the 2nd respondent. This Court made it clear that the respondents are at liberty to hold the auction for a period commencing from 01.11.2021 to 31.03.2022. In the light of the order passed by this Court, lease was extended till 31.10.2021 by the 2nd respondent. 4. Learned counsel for the petitioner further submits that because of the 2nd wave of Covid-19, the markets were closed again for a period five months starting from April, 2021 to August, 2021. Therefore, the petitioner could not collect the lease amounts from the vendors.
4. Learned counsel for the petitioner further submits that because of the 2nd wave of Covid-19, the markets were closed again for a period five months starting from April, 2021 to August, 2021. Therefore, the petitioner could not collect the lease amounts from the vendors. Due to this reason, the petitioner sustained huge financial loss as he spent Rs.6,55,000/- for the whole year of twelve months. The petitioner requested the authorities to permit him to collect the lease amount for five more months after 31.10.2021 i.e., up to 31.03.2022. But, the respondent Nos.2 to 4 did not consider his request. The petitioner submitted a representation dated 05.10.2021 to the respondent Nos.2 to 4 and the same is pending. As no orders are passed on the representation dated 05.10.2021 and lease period is going to end by 31.10.2021, the petitioner left with no other option, approached this Court by filing this Writ Petition. 5. On the other hand, Sri V. Vinod K Reddy, learned Standing Counsel appearing for the respondent No.2, on instructions, submits that the petitioner lease was extended as per direction of this Court earlier, but on the representation submitted by the petitioner on 05.10.2021, decision is not taken till date. However, the learned Standing Counsel submits that as per the instructions received from the 2nd respondent, the market is not closed during the period from 01.04.2021 to 31.08.2021 and as such, the petitioner is not entitled for the relief sought in this Writ Petition. 6. Having considered the submissions of both the counsels and upon perusal of the material available on record, it is clear that the petitioner made representation on 05.10.2021 to the respondent Nos.2 to 4 and it is pending for consideration till date. Whether the petitioner is entitled for extension of time from 01.11.2021 to 31.03.2022 or not, the 2nd respondent has to take decision basing on the facts and circumstances of the case. 7. In view of the above, it is appropriate to direct the 2nd respondent to consider and pass appropriate orders on the representation dated 05.10.2021 submitted by the petitioner by following due process of law to meet the interest of justice. 8. Accordingly, this Writ Petition is disposed of directing the 2nd respondent to consider the representation dated 05.10.2021 of the petitioner in accordance with law.
8. Accordingly, this Writ Petition is disposed of directing the 2nd respondent to consider the representation dated 05.10.2021 of the petitioner in accordance with law. The petitioner is entitled to submit relevant documents to establish his case along with additional representation. The representation shall be disposed of on or before 31.10.2021. Learned Standing Counsel is directed to inform this order to the 2nd respondent. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.