Mahesh Kumar Sharma v. The Principal

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18246 OF 2019 ORDER :

This writ petition is filed questioning the action of the 1st respondent, Principal, Osmania University College for Women, in trying to evict and disposes the petitioner from their college premises in a forceful manner and restraining him from running his legal business activities in the college premises, without issuance of any notice or showing any reasonable cause.

Brief case of the petitioner is that on oral agreement between him and the 1st respondent he was allotted some space within the 1st respondent's college premises for running Xerox shop in the year 2012 and since then he is running his Xerox business therein. While things stood thus, the 1st respondent harassing the petitioner to vacate the space, allotted to him, from the 1st respondent's college premises, without issuance of any notice or showing any reasonable cause. Hence, he filed the present writ petition.

Learned Assistant Government Pleader for Education, on instructions, submits that the space allotted to the petitioner by the college is now required and due to paucity of the space, no other alternative space could be provided to him for running his business and the petitioner has no manner of right to continue in the premises.

Having regard to the facts and circumstances of the case and the submissions of the learned Assistant Government Pleader for Education, I am of the view that no exception can be taken by the petitioner for continuation in the premises of the 1st respondent and no relief, as sought for by the petitioner in this writ petition, can be granted and therefore, this writ petition is liable to be dismissed and is accordingly, dismissed.

However, since the learned counsel for the petitioner seeks some reasonable time for the petitioner to remove his material from the premises, three (03) weeks time is granted to the petitioner to vacate the premises. However, this order will not preclude the respondents from considering the representation of petitioner since it is stated that petitioner is physically challenged. There shall be no order as to costs.

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

____________________________ A.RAJASHEKER REDDY, J Date: 26.08.2019 LSK