Shaik Vahida, vs The State Of Andhra Pradesh
2022 Latest Caselaw 861 AP

   HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

              WRIT PETITION No.8242 of 2019

ORDER:

The present writ petition was filed aggrieved by the actions

of the Respondent No.3 and 5 in interfering with the possession

and enjoyment of the shops located opposite to CSI Church,

MBT Road, in Sy.No.308/2, Palmaner Town, Chittoor District,

without issuing any notice or following due process of law being

arbitrary, illegal, colorable exercise of power and voilative of

fundamental rights guaranteed under Articles 14, 19, 21 and

300-A of the Constitution of India.

2. The Petitioner submits that she is the wife of late

S. Anwar, who filed writ petitions along with others namely W.P.

No.21834 of 1991, WP No.17234 of 1991 and 1116 of 1992, the

said writ petitions were disposed of directing the respondents in

the writ petitions therein not to evict the petitioners without

following due process of law inter alia it was directed to pay lease

amount @ Rs.2,400/- and the same being paying by the writ

petitioner herein. Thereafter, the husband of the writ petitioner

submitted a representation requesting the authorities to

continue them as lessees of the shops at a minimum rent till the

declaration of the subject shops are located are belonging to the

revenue department or not.

3. The petitioner submits that though the orders

subsisting in WP No.21834 of 1991, WP No.17234 of 1991 and

WP No.1116 of 1992 are still in subsistence, the

Grampanchayath, Palmaner which is now upgraded as Municipality are trying to interfere with the possession and

enjoyment over the subject shops. Therefore, the late husband

of the petitioner No.1 herein along with 3 others were

constrained to file a suit in O.S. No.156 of 1992 on the file of the

Additional Subordinate Judge, Chittoor, against the

Grampanchayath, Palmaner, the said suit was decreed ex-parte

vide Judgment Decree dated 07.11.1992.

4. The Petitioner further submits that while the judgment

and decree dated 07.11.1992 was in force, the Respondents

herein are trying to interfere with the enjoyment of the subject

shops. Hence, they were constrained to file the present writ

petition invoking the jurisdiction under Article 226 of the

Constitution of India. The counsel who representing the 3rd

Respondent Municipality, has consented for disposal of the writ

petition at the admission stage directing the respondents not to

evict the petitioners without following due process of law. The

Respondents herein are hereby directed not to evict the

petitioners without following due process of law.

5. Accordingly, the Writ petition is disposed of. No costs.

Consequently miscellaneous applications pending, if

any, in the Writ Petition, shall also stand closed.

__________________________________ TARLADA RAJASEKHAR RAO, J.

16.02.2021 HARI HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.8242 of 2019

16.02.2022

HARI