Disposed

Kola Rjeswari, v. The State of Andhra Pradesh

Andhra Pradesh HC15 Nov 2019WP/18124/2019

Case brief

AI extract

What is this about?

In this writ petition challenging eviction attempts without notice, the High Court directed respondents to follow due process of law before dispossessing the petitioner from the house, noting the property remained in the petitioner's possession due to tax demands being in the name of the petitioner's late husband.

What did the court decide?

Respondents directed to follow due process of law; petitioner not to be dispossessed without adhering to such procedure.

Kola Rjeswari, Vs The State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2019)

¶1

HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.18124 of 2019

¶2

ORDER:

¶3

The petitioner seeks Writ of Mandamus declaring the action of respondents, particularly, respondent Nos.3 and 5 in making attempts to evict the petitioner from the house property bearing D.No.5-2-33, Revenue Ward No.9, Tadepalligudem, West Godavari District without issuing any notice to the petitioner and conducting survey and without following due process of law as illegal.

¶4

Learned Government Pleader for Municipal Administration takes notice on behalf of 1^st respondent.

¶5

Sri M.Manohar Reddy, learned Standing Counsel takes notice on behalf of 3^rd respondent.

¶6

Learned Government Pleader for Revenue takes notice on behalf of respondent Nos.2 and 4.

¶7

Learned Government Pleader for Home takes notice on behalf of 5^th respondent.

¶8

Refuting the allegations in the writ petition, learned Standing Counsel for 3^rd respondent would submit that the respondents have not made any efforts to illegally evict the petitioner from the house property and if at all they proposes to evict the petitioner, due process of law will be followed by giving an opportunity to the petitioner.

¶9

¶10

Recording the above submission, this writ petition is disposed of directing the respondents to follow due process of law, if they contemplate to evict the petitioner from the house bearing D.No.5-2-33, Revenue Ward No.9, Tadepalligudem, West Godavari District. Till such exercise is undertaken, having regard to the fact that the house tax demand notice stands in the name of late husband of the petitioner and thus, the subject house bearing D.No.5-2-33 is in possession of the petitioner, the respondents shall not dispossess the petitioner from the said house without following due process of law. No order as to costs.

¶11

As a sequel, pending miscellaneous applications, if any, shall stand closed.

¶12

_________________________ U.DURGA PRASAD RAO, J

¶13

15^th November, 2019

¶14

NOTE: Issue CC by 19.11.2019 B/O pvd

Kola Rjeswari, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kola Rjeswari, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rayapati Vijayasree Vs The State of Andhra Pradesh thru its Principal Secretary

P.Venkata Ramana Vs The State of Andhra Pradesh

P Padmavathi Vs The Greater Visakhapatnam Municipal Corporation

B Konda Babu Vs the State of Andhra Pradesh

P.Viswanathappa, Vs The State of Andhra Pradesh

Pinnamaneni Sivaram, Vs State of Andhra Pradesh