THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 3437 OF 2006 Date: 24th October, 2013 Between:
Vurukuti Appanna … Petitioner And The Deputy Commissioner, Gajuwaka Circle, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, & another. … Respondents * * * THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 3437 OF 2006 O R D E R:
The present Writ Petition is filed challenging the notice, dated 31-01-2006, issued by the 1st respondent. Under the said notice, his application for reduction of kist amount for 95 days for the period from 01-04-2005 to 05-07-2005 was rejected and he was asked to pay an amount of Rs.8,20,432/- along with penalty within three days.
2. Before this Court, at the time of admission, he stated that he paid an amount of Rs.3,00,000/- already and in view of the said statement, he was directed to pay a further amount of Rs.5,00,000/- and interim suspension of the said order was granted on that condition.
3. It is represented by the learned counsel for the respondents that the said amount of Rs.5,00,000/- was not paid. The order, dated 23-02-2006, was clear that if the regular aseel is not paid by the petitioner, the respondents are at liberty to take appropriate action. It is also stated by the learned counsel for the respondents that under the conditions of lease notification, the lessee is not entitled for any compensation or reduction consequent to the implementation of any Court order during the lease period and the lessee is under an obligation to pay the entire lease amount and his application was rejected in view of the said lease conditions only.
4. In view of the non-compliance with the orders of this Court, dated 23-02-2006, the Writ Petition is dismissed giving liberty to the respondents to recover the outstanding amount from the petitioner after giving due credit to the amounts already paid pursuant to the notice, dated 31-01-2006, in Roc.No.285/2004/A1 of the 1st respondent. Pending miscellaneous petitions, if any, in this Writ Petition shall stand dismissed in consequence. No order as to costs.
A.RAMALINGESWARA RAO, J.
Date: 24th October, 2013. JSK