Thalla Lavanya, vs The State Of Andhra Pradesh
2023 Latest Caselaw 2125 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION NO. 9989 OF 2023

JUDGMENT:-

1)    Heard Sri. Amanchi Royal, learned Counsel for the

Petitioner.


2)    On the same cause of action, with respect to the

same property, challenging the notice dated 03.04.2023,

issued by the 2nd Respondent herein, under Sections 405

and 406 of the Municipal Corporation Act, 1955, the

Petitioner filed Writ Petition No. 9485 of 2023, which was

dismissed on 18.04.2023.

3) The Order reads as under:

"5. The submission that, the property in question is the Petitioner's private property is a disputed question of fact, which would require leading of evidence for its determination for which the writ petition is considered not to be the appropriate remedy.

6. In the result, the petition is dismissed, however, leaving it open to the Petitioner to seek such other appropriate remedy as may be open to him in law in appropriate forum, if so advised."

4) The Petitioner has filed this petition for direction to

Respondents not to demolish the house. In substance, the

prayer is same as was in the earlier petition.

5) Learned Counsel for the Petitioner does not dispute

that the subject matter, parties and the cause of action for

both the petitions is same but submits that the relief

claimed in the present petition, is different from the relief

claimed in the earlier petition and as such this petition is

maintainable.

6) I do not find force in the submission.

7) Even if the relief may be different or differently

formulated, but based on the same cause of action and

with respect to the same subject matter and between the

same parties, and the relief could be sought for in the

earlier petition, but was not claimed, the second petition,

after dismissal of the first, cannot be maintained.

8) In the result, the writ petition is dismissed.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J

Date: 20.04.2023 SM/KLNS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 9989 OF 2023

Date: 20.04.2023

SM/KLNS