THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20354 of 2005 Date: 25.01.2011 Between : M/s. M.G. Brothers Automobiles Private Limited, rep.by its Managing Director. … Petitioner and Municipal Corporation of Vijayawada, Rep.by its Commissioner and another. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20354 of 2005 ORDER : The petitioner, a company incorporated under the provisions of the Companies Act, 1956, claims to be a lessee of the premises bearing Door Nos.55-1-11 and 55-1-12, R.R. Gardens, Vijayawada, for running a show room and workshop, respectively. The said leased premises is situated in the residential locality, which is contrary to the Zoning Regulations. Therefore, the respondents have issued a final notice dated 30.8.2005 directing the petitioner to shift its business from Door No.55-1-12, R.R. Gardens, Vijayawada, to any other industrial area. Challenging the said final notice dated 30.8.2005, the present writ petition has been filed on the substantive ground that the petitioner has been allowed only two days time to vacate the premises. 2. Learned counsel for the petitioner would submit that if a reasonable time of six months is granted, the petitioner is prepared to vacate the premises. Learned Standing Counsel for the respondents also agreed for the said proposal. 3. Having regard to the fact that the petitioner is running a workshop in the subject premises, which cannot be shifted within a short period, the request made on behalf of the petitioner is accepted and the writ petition is disposed of as under: (a) The petitioner shall vacate and move out of the premises bearing No.55-1-12, R.R. Gardens, Vijayawada, without any hindrance or further notice from the respondents on or before 31.07.2011; (b) If the petitioner fails in vacating the said premises within the stipulated period, the respondents are entitled to evict the petitioner from the premises without further notice; (c) Till such time, the respondents shall not coerce the petitioner to shift its business from the said premises; (d) The petitioner shall file an undertaking before the respondents, forthwith, incorporating (a) and (b) above. There shall be no order as to costs. _________________________ JUSTICE NOUSHAD ALI 25.01.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.20354 of 2005 25.01.2011 (Msr)