THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.21854 of 2009 DATED: 13.10.2009 Between: Fasiuddin @ Vajahat Hussain .. Petitioner And The Inspector of Police, I Town Police Station, Adilabad and another. .. Respondents ORDER: Petitioner claims that he obtained the vacant site situated at Shivajichowk, Adilabad, belonging to the 2nd respondent- Adilabad Municipal Council, on lease, in the year 1985, and raised structures thereon, which were assigned the Municipal Nos. C3-9-422 to 424, and has been carrying on business in the said premises. It is his case that, when the 2nd respondent, the lessor, tried to evict him from the said premises even during the subsistence of the lease, he filed O.S.No.31 of 1996 before the learned District Munsif, Adilabad, and obtained permanent injunction, by judgment and decree dated 18.09.1997, restraining the 2nd respondent from interfering with his possession of the subject premises and from evicting him therefrom, without following due process of law, and the said decree has become final, as the 2nd respondent did not file any appeal against the same. Now, it is the grievance of the petitioner that though the said decree is in force and he is paying the rents regularly, the 2nd respondent, along with the 1st respondent, is trying to evict him from the subject premises, without following due process of law. Today, when the matter is taken up for consideration, learned Standing Counsel appearing for the 2nd respondent submits that the writ petition is filed only on a mere apprehension and that the 2nd respondent will follow the due process of law, in the event the petitioner is required to be evicted from the subject premises. In view of the stand taken by the learned Standing Counsel and in the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with the following directions: “If the petitioner is required to be evicted from the subject premises, the respondents shall follow the due process of law; in that the respondent Municipal Council shall issue notice to the petitioner, calling for his explanation, and, upon considering his explanation, if any, they shall pass appropriate orders and then take action in accordance therewith. Till then, status quo obtaining as on today shall be maintained by the parties.” With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE N.V. RAMANA 13th October, 2009 IBL