THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.16275 of 2007 Date: 29.07.2010 Between: Kirlampalli Tatachary … Petitioner AND The Viskhapatnam District Co-operative Marketing Society Limited, Visakhapatnam Rep.by its General Manager, Visakhapatnam and 3 others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.16275 of 2007 ORDER: The petitioner assails the action of the respondents in seeking to evict him from 200 square yards of land in Survey No.353 situated at Kandarpa Colony, Chodavaram, Visakhapatnam. It is his case that the subject land was given to him in the year 1994 by the first respondent, Visakhapatnam District Co-operative Marketing Society Limited, Visakhapatnam. He claims to have paid rent regularly to the first respondent and produced receipts in evidence of such payment. His grievance is that without following the due procedure laid down by law, the respondents were trying to evict him from the subject land wherein he had constructed a shed for the purpose of his occupational activities. Hence, the writ petition. This Court, by order dated 30.07.2007, granted interim stay of the petitioner’s eviction for a period of two weeks, which stood extended from time to time thereafter by subsequent orders. On the vacate stay petition filed by the first respondent, this Court, by order dated 12.11.2007, made the interim stay absolute leaving it open to the first respondent to move the appropriate authorities for taking steps for eviction of the petitioner from the subject land, if it so chooses. In the counter affidavit filed in support of the vacate stay petition, the Chief Executive of the first respondent Society admitted the factum of the lease in favour of the petitioner. However, he disputed that the petitioner had been regular in payment of his rents. On the other hand, he claims that the petitioner was a chronic defaulter in this regard and was not a permanent lessee as claimed by him. He further stated that the first respondent Society was facing financial constraints due to changes in marketing policies and was therefore desirous of disposing of ‘unserviceable’ assets. He further denied that any attempts were made to evict the petitioner forcibly and without following the due procedure. After considering the aforestated counter, this Court, taking note of the admission of the existence of the petitioner’s lease, directed the respondents not to evict the petitioner from the subject land without following the due process of law, subject to the condition that the petitioner deposited an amount of Rs.4,000/- to the credit of the first respondent Society within a period of two weeks and continued to deposit the monthly rent of Rs.500/- on or before the 5th of each calender month. However, liberty was given to the respondents to move the competent authority for seeking the eviction of the petitioner from the subject land in accordance with law. Sri Ravi Kondaveeti, learned counsel for the petitioner, stated that no steps have been initiated pursuant to the aforestated order for eviction of the petitioner. He further submitted that his client was making regular payment of rentals in accordance with the aforestated order. This is disputed by Sri G. Vivekanand, learned counsel for the first respondent. Be that as it may, if the first respondent, being the lessor seeks to resume possession of the subject land by evicting the petitioner, it necessarily has to follow the due procedure laid down by law in this regard. Once the factum of lease is admitted, the lessor is bound to adhere to the due procedure to seek eviction of the tenant. This liberty of the first respondent Society, to seek eviction of the petitioner from the subject land in accordance with law, is therefore reiterated. Without following such procedure, it shall however not be open to the lessor to interfere with the possession of the petitioner in his capacity as a lessee over the subject land. The writ petition is disposed of with the aforestated observations. There shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 29.07.2010 Isn