P VALAMUNI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) The petitioner is the resident of Tirupati town living by doing contract business in and around Tirupati town, eking out his livelihood totally based on contract work. The 5th respondent, who is the resident of Bollineni Apartments made the petitioner to believe that he had Shop No.4 obtained through proceedings in Roc.No.Rev.2/126/ AEO/ P&R (TML)/ 108, dated 10.03.2009. The 5th respondent with a dishonest intention to cheat the petitioner, gave false promises that the said shop would be let out on Rs.5,000/- per day on an advance amount of Rs.30,00,000/-. One R.Ramesh, who is the friend of petitioner also joined with petitioner and both of them went to 5th respondent and paid an advance amount of Rs.25,00,000/- in the month of June, 2018 while agreeing to remaining amount at the time of handing over of the shop.

(3.) Even after lapse of more than six months the 5th respondent herein neither handed over the shop nor paid back the advance amount as paid by the petitioner. On 30.04.2019 the petitioner along with elders went to the 5th respondent and on questioning his acts, the 5th respondent informed that the petitioner belongs to lower caste and shop will not be given to him. On refusing the same, the 5th respondent informed that he would return the money that too handed over to Ramesh only in writing. The 5th respondent not returned the amount advanced to him, the petitioner went to the house of 5th respondent and it was informed that he was not available in the house.