Petitioner challenged auction notice for leased shop. Court held lessee cannot be evicted without following legal due process. Disposed by directing respondents to adhere to law before eviction.
Direction to respondents to evict petitioner only after following due process of law.
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HON’BLE SRI JUSTICE C.Y. SOMAYAJULU
W.P.No.18881 of 2002
Dated 5 th day of February, 2008
Between: Bandi Krishnaiah .. Petitioner And The Gramapanchayat Tiruvuru, Krishna District, rep. by its Panchayat Secretary and another .. Respondents
O R D E R:
This writ petition is filed questioning the Auction Notice dated 21.9.2002 issued by the 1st respondent proposing to conduct auction of the Shop No.5 situated at Sardarpeta Bapaiah Vegetable Market, Tiruvuru, Krishna District, taken on lease by the petitioner, for a period of one year.
Heard both sides. By an interim order dated 8.10.2002 passed in W.V.M.P.No.2941 of 2002, the petitioner was permitted to continue as lessee subject to payment of Rs.1000/- per month with effect from October, 2002.
Since the lessee cannot be evicted without taking recourse to due process of law, this writ petition is disposed of with a direction to the respondents that when it seeks to evict the petitioner from the shop taken on lease by him, it should do so only by taking recourse to due process of law. No order as to costs.
____________________ (C.Y. SOMAYAJULU, J.) 5th February, 2008
bcj
1 issue framed by the court
Whether eviction of a lessee from a shop taken on lease can be ordered without following due process of law.
Bandi Krishnaiah
Gramapanchayat Tiruvuru
Panchayat Secretary
C.Y. Somayajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
