Disposed

Dugga Alias Duggi Vijaya Lakshmi v. the State of Ap

Andhra Pradesh HC5 Sept 2023WA/875/2023

Case brief

AI extract

What is this about?

The High Court dismissed a Writ Appeal challenging an order directing a shop tenant to vacate premises. The appellate court deemed it appropriate to dispose of the appeal without finally deciding the merits, leaving the question regarding a subsequent notice demanding arrears open for the appellant to challenge separately.

What did the court decide?

Writ Appeal is disposed of; no costs; all issues kept open.

Dugga Alias Duggi Vijaya Lakshmi Vs the State of Ap — Landlord and Tenant | Andhra Pradesh HC (2023)

¶1

4 4 I

¶2

IN THE HIGH COURT OF^{ANDHRA PRADESH :: AMARAVATI}

¶3

TUESDAY, THE FIFTH DAY OF^SEPTEMBER

¶4

TWO THOUSAND^{AND TWENTY THREE}

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE A^{V SESHA SAI} AND

¶7

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

¶8

WRIT APPEAL NO: 875 OF 2023

¶9

Writ Appeal under clause 15 of the Letters Patent to allow the Writ^{Appeal by setting} aside the judgement passed in W.P no.15551/2023 dated 03/07/2023 and^{to pass on} the file of the High Court.

¶10

Between:

¶11

Smt.Dugga Alias Duggi Vijaya Lakshmi, W/o Ramu,Hindu,aged 55 years ,shop no 1,KSM Complex,Gudivada,Krishna District.

¶12

...APPELLANT

¶13

AND

¶14

The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration and Urban Development Department,AP Secretariat, Velagapudi, Amaravathi,Guntur District.

¶15

The Commissioner, Gudivada Municipality, Gudivada, Krishna District.

¶16

...RESPONDENTS

¶17

IA NO: 1 OF 2023

¶18

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to pass orders directing the respondents not to interfer with my statutory possession and enjoyment of shop no. 1 in KSM Complex, Gudivada, pending disposal of the Writ Appeal.

¶19

Counsel for the Appellant :SRI G RAMA KRISHNA

¶20

Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV

¶21

Counsel for the Respondent No.2: SRI M.MANOHAR REDDY, SC FOR MUNICIPALITY

¶22

The Court made the following: ORDER

¶23

¶24

¶25

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

¶26

W.A. No. 875 OF 2023

¶27

JUDGMENT:(per A. V. Sesha Sai, J)

¶28

Heard Sri Guduri Rama Krishna, learned counsel for the Writ Appellant and Sri M.Manohar Reddy, learned Standing Counsel appearing for the 2nd respondent.

¶29

Challenging the order passed by the learned Single Judge in W.P.No.15551 of 2023 dated 03.07.2023, the present Writ Appeal is filed under Clause 15 of Letter Patent.

¶30

By way of the impugned order, learned Single Judge disposed of Writ Petition No.15551 of 2023. The operative portion of the said Writ Petition reads as follows:-

¶31

"In view of the above said facts and circumstances, as the final notice is very clear with respect to the expiry of the lease period for the subject shop of the petitioner, the petitioner is required to surrender the said shop to the 2nd respondent, unless it is given afresh on lease s~ibject to terms and conditions. The petitioner is given two (02) weeks time to vacate the same from the date of

¶32

¶33

receipt of this order unconditionally. However, it is open for the petitioner subject to her entitlement, to seek for lease of the shop in the said complex by approaching the 2nd respondent in accordance with law. In such case, the 2nd respondent will also consider the same strictly in accordance with law.

¶34

During the course of arguments, it is brought to the notice of this Court by the learned Standing Counsel for the 2nd respondent that pursuant to the orders of the learned Single Judge, the 2nd respondent-Commissioner issued a notice bearing Roc.No.1549/2023/A1 dated 14.07.2023 wherein the 2nd respondent while asking the appellant herein to vacate the premises, demanded the Writ Appellant to pay the arrears of the lease amount. -

¶35

In view of the aforesaid orders, this Court deems it appropriate to dispose of the Writ Appeal leaving it open to the Writ Appellant herein to question the said notice, if she is so advised. All issues are kept open.

¶36

Accordingly, the Writ Appeal is disposed of. No costs.

¶37

¶38

As a sequel, pending miscellaneous petitions, if any, stand closed.

¶39

I Sd/- V. DIWAKAR DEPUTY REGISTRAR I/TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal^{Administration and Urban Development} Department, State of Andhra Pradesh, AP Secretariat,^Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Gudivada Municipality, Gudivada,^{Krishna District.} 3. One CC to SRI G RAMA KRISHNA Advocate [OPUC] 4. One CC to SRI M.MANOHAR REDDY, SC^{FOR MUNICIPALITY Advocate} [OPUC] 5. Two CCs to GP FOR MUNCIPAL ADMN^{URBAN DEV ,High Court Of Andhra} Pradesh. [OUT] 6. Three CD Copies GSR V'

GSR

HIGH COURT

DATED:05/09/2023

ORDER

WA.No.875 of 2023

Of ANp
17 Nov 2023 m)4
* Current Section '
d`SPATCH

¶46

DISPOSING OF THE WA

Dugga Alias Duggi Vijaya Lakshmi v. the State of Ap

Case brief

What is this about?

What did the court decide?

Dugga Alias Duggi Vijaya Lakshmi v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sura Gangireddy Vs The State of Andhra Pradesh

Saripudi Venkata Krishnaiah at Venkata Krishna Rao Vs the State of Ap

R Marthamma Vs the Forest Section Officer

Shaik Ali Murthuza Vs the Principal Secretary

R v Subhash Chandra Bose Vs the State of Andhra Pradesh

Bevara Satya Harsha Vs the State of Andhra Pradesh