IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAL MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION NO: 1909 OF 2021

Between:

N Praveen Kumar, S/o Venkateswarlu, Aged 48 years, Occ. Business, R/o. 23A-3-60B, Gubbalavari Veedhi, R.R. Pet, Eluru, W.G. District.

AND

.... Petitioner

$\tau_{\rm{max}}$

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department Secretariat, Velagapudi, Amaravathi.
• 2. The Eluru Municipal Corporation, Rep. by its Commissioner, Eluru, West Godavari District.
• 3. The Revenue Inspector, Eluru Municipal Corporation, Eluru, West Godavari District.

.... Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or a direction more particularly in a nature of writ of MANDAMUS declaring the action of the respondents in issuing notice dt. 20.01.2021 in respect of shop No.5B, Kasturiba Municipal complex, Block No.1, Eluru Municipal Corporation, informing to pay rent due up to January, 2021 for Rs.5,42,970/- and service Tax/GST for Rs.97,735/- and penalty of interest on rent at 2.5 percent immediately within 3 (three days) days or will be evicted from the shop which is as illegal, arbitrary and contrary to the provisions of Municipal laws, violation of Articles 14, 19 and 21 of the Constitution of India and without deducting the amounts already paid and consequently quash the same by setting aside the notice dt. 20-01-2021.

IA NO: 1 OF 2021

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 to direct the respondents not to interfere with the business of the petitioner in pursuance of the notice dt. 20-01-2021 in connection with in respect of shop No.5B, Kasturiba Municipal complex, Block No.1, Eluru Municipal Corporation, Eluru, W. G. Dist, pending disposal of WP 1909 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Narasimha Rao Davuluri Advocate for the Petitioner, and of GP for Municipal Administration Urban Development for the Respondent No.1 and of Sri M.Manoher Reddy Standing Counsel for R.2 and R.3 the Court made the following. ORDER:

"Heard the learned counsel for the petitioner. There is a dispute about an amount of Rs.1,00,000/- (Rupees One Lakh only), which is paid by the petitioner in the month of October, 2020. According to the learned counsel for the petitioner, the respondents are not deducted the amounts correctly, and that the due is only Rs.3,71,000/- (Rupees Three lakhs Seventy One Thousand only). However, after obtaining instructions, Sri Manohar Reddy, learned Standing Counsel for Municipal Corporation,

submits that as on January, 2021, the due is Rs.5,31,000/- (Rupees Five Lakhs Thirty One thousand only) in addition to GST and interest.

Since there is a dispute raised about the quantum and as this Court feels that filing of counter affidavit is necessary, there shall be an interim stay restraining the respondents from forcibly evicting the petitioner from the premises on the condition that he deposits a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) purely as an interim payment without prejudice to any of his rights and contentions within a period of four (4) weeks from the date of receipt of a copy of this order. In this period of four (4) weeks, the respondent/Municipality is directed to file its counter, so that the matter can be adjudicated.

It is made clear that if there is any default in payment, the respondents can take action as warranted under law.

List on 01.03.2021."

//TRUE COPY//

Sd/-Ch.V.Subramanya Sarm ASSISTANT REGISTRAR

SECTION OFFICER

To,

• 1. The Principal Secretary, Municipal Administration Department Secretariat, Velagapudi, State of Andhra Pradesh, Amaravathi.
• 2. The Commissioner, Eluru Municipal Corporation, Eluru, West Godavari District.
• 3. The Revenue Inspector, Eluru Municipal Corporation, Eluru, West Godavari District.(RR 1 to 3 by RPAD) $\mathcal{L}$
• 4. One CC to Sri. Narasimha Rao Davuluri Advocate [OPUC]
• 5. Two CCs to GP for Municipal Administration Urban Development, High Court of Andhra Pradesh. [OUT]
• 6. One CC to Sri. M. Manohar Reddy, Standing Counsel[OPUC]
• 7. One spare copy

$PR$

HIGH COURT

DVSSJ

DATED:01/02/2021

LIST ON 01.03.2021.

ORDER

WP.No.1909 of 2021

INTERIM STAY