S.GNANA KEERTHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India is filed, challenging the action of respondents in interfering with possession and business of petitioner, in the stall at Tirumala, 7th mile, Prakruthi bata and refreshment center, declare the same as illegal, arbitrary and unconstitutional, consequently issue direction, not to interfere with the business of petitioner, till the petitioner is evicted by due process of law.

(2.) The respondents allotted a small stall at Tirumala, 7th mile, Prakruthi bata and refreshment center, first ghat road to father of petitioner on 04.09.2010, on monthly rental basis, for an amount of Rs.6,032/-. Her father was running the stall till the date of his death and paid monthly rent to Forest Department. Her father died on 01.07.2012 at Tirumala ghat road. After demise of her father, petitioner being elder daughter, to her parents, discontinued her studies, started running the stall, to maintain the family. Respondents also issued order, allotting the stall in her favour on 10.08.2012. Copy of resolution dated 10.08.2012, allotting stall in favour of petitioner, is placed on record.

(3.) From the date of allotment, till the date of filing of this writ petition, she is in possession and enjoyment of the stall, running the stall by paying enhanced monthly rent to respondents. On 01.04.2018, respondents passed resolution requiring the petitioner to deposit rental amount into account of Forest Department with Andhra Bank, account No.103310100 119855- Addl. PCCF WLM Circle at Tirupati. Accordingly, petitioner is paying rent amount to Forest Department, without any delay or due till date. Copies of challans, rent deposit slips etc., are annexed to the petition. The petitioner paid an amount of Rs.15,000/- to the credit of Forest Department account till June, 2019 and all of sudden, respondents demanded Rs.25,000/- from August, 2019 without any notice or without any appropriate proceedings issued to her.