S.Sharshad Basha, S/O S.Abdul Rehaman, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18347 OF 2017 ORDER:

The writ petition, under Article 226 of the Constitution of India, is filed seeking a writ of Mandamus to declare the action of the 2nd respondent in calling upon the petitioner to vacate the shop situated in Madras Road and DC Road of Kadapa Town, without giving any notice and opportunity to the petitioner by issuing notice, dated 01.06.2016, stating that the leasehold rights have crossed 25 years, as illegal and arbitrary, and to set aside the notice, dated 01.06.2016, and consequently, direct the 2nd respondent not to evict the petitioner from the said shop except in accordance with law. Heard and perused the material available on record. The case of the petitioner is that he is the tenant of a mulgi belonging to the 2nd respondent from the year 2000 on an average monthly rent of Rs.7,500/ -.

While so, the 2nd respondent issued the impugned notice directing the petitioner to vacate the shop by placing reliance on G.O.Ms.No.120, dated 31.03.2011, and contended that the petitioner enjoyed the lease for more than 25 years. But, the petitioner has not completed 25 years of lease. The 2nd respondent has issued the notice directing the petitioner to vacate the shop within seven days, without giving an opportunity of being heard.

" The 2nd respondent is directed to follow due process of law while evicting the petitioner from the shop situated in Madras Road and DC Road of Kadapa Town."

With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any pending, shall stand closed.

______________ RAJA ELANGO, J June 15, 2017 KTL