HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16911 of 2006 DATE: 29.04.2014 Between:
The Cloth Merchants Association Vijayawada, rep. by its General Secretary ... Petitioner And The Vijayawada Municipal Corporation, rep. by The Commissioner, Vijayawada, Krishna district … Respondent The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16911 of 2006 ORDER:
This writ petition was filed by the Cloth Merchants Association, Vastralatha, Vijayawada. It is the case of the petitioner that the Vijayawada Municipality, during the year 1967 decided to construct commercial complex, consisting of shops in an extent of Ac.1.5 cents, situated in Vijayawada Municipality and to lease out the shops to the merchants to run their respective business activity. It estimated the cost of the construction at Rs.27 lakhs in the year 1967 and in view of the paucity of funds, the Municipality requested the association to contribute major chunk of required amount. The petitioner association came forward and contributed an amount of Rs.12.5 lakhs and it was agreed to adjust the said amount towards lease to be paid by its members on allotment of the shops, so constructed in favour of its members. They further state that the members of the association entered in to an agreement with the respondent corporation.
2. While so, the respondent-Corporation issued a notice on 02.03.2001 to the newly occupied members of the petitioner association to pay 12 months rent towards mutation fee and 6 months rent towards security deposit on or before 31.03.2001, failing which, the said new members shall pay 18 months rent towards mutation fee and 6 months rent towards security deposit from 01.04.2001. Challenging the said notice, the petitioner association filed OS No.896 of 2001 before the I Additional Junior Civil Judge, Vijayawada and the same was dismissed. Challenging the same, the petitioner association preferred appeal in AS No.65 of 2005 before the Senior Civil Judge, and the same was withdrawn and filed the present writ petition.
3. The present writ petition was filed challenging the very same notice 02.03.2001, which was challenged in the suit OS No.896 of 2001 before the I Junior Civil Judge, Vijayawada, which was dismissed on 15.02.2005. Even after six yeas, no counter-affidavit is filed by the respondent-corporation. Though an appeal was preferred against the judgment and decree in OS No.896 of 2001 in AS No.65 of 2005, and on advice, the same was withdrawn. Thus the said judgment and decree in OS No.896 of 2001 dated 15.02.2005 becomes final.
4. In the circumstances, the present writ petition for the self same relief is not maintainable and is accordingly dismissed. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 29.04.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 0 WRIT PETITION No.16911 of 2006 Date: 29.04.2014 BSS