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Tuesday, July 1, 2014

THE MUNICIPAL NOTICE IS SET ASIDE

The Petitioner is a tenant and he is paying rents continuously to the owner.  The owner came and requested tenant to increase rent from 4800/- to 10,000/-.  The tenant has refused.  Then the owner demanded to vacation of the premises.  The tenant has filed  Original Suit and obtained temporary injunction.  Then  Municipality Vijayawada has issued notice under section 456 HMC act 1955 on the ground that the building is in dilapidated condition  with the collusion of the owner.  The said notice was questioned before the Hon’ble High Court in W.P. and the same was setasided on earlier occasion giving liberty to the petitioner to file objections to the above said notice within  a week.  Accordingly the petitioner has filed his objections within three days.  Without considering the same again the municipality  has passed an order that as the petitioner has not filed his objections and reiterated the municipality old order stating the petitioner has to take steps immediate vacation of the building  and strengthen the building immediately and also further to intimate the steps taken within 3 days.  The petitioner has filed W.P. questioning the file notice dt.17-5-2014.  the Hon’ble Court while disposing the W.P. the impugned order is setaside directed the respondents to consider the objections and pass orders thereon  communicate the same to the petitioner and take action in accordance with law at the earliest and in any event, not late than one month  from the date of receipt of a copy of this order.  The Writ petition stands disposed of accordingly.  The above case is argued by me and obtained favorable orders for tenant.