IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.9877 OF 2014 DATED: 03-06-2014 Between:
Sneha Educational Society … Petitioner And The Government of Andhra Pradesh, Municipal Administration & Housing Department rep. by its Principal Secretary and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.9877 OF 2014
ORDER: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition is filed by the tenant challenging the notice dated 10-03-2014 demanding payment of Rs.78,720/-. The said notice has been admittedly issued in the name of the landlords, namely, M. Srinivas Reddy and M. Raghunath Reddy under Section 268 of the Hyderabad Municipal Corporation Act, 1955. When the notice is not issued to the writ petitioner, a demand cannot obviously be made against the petitioner. Therefore, on this ground, we declare that upon this notice no action can be taken against the writ petitioner. It will however be open to the Municipal Corporation to proceed in accordance with law either as against the landlords or as against the tenant/occupant.
2. The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 03-06-2014 Svv