V.V.S.RAO
Aswani Desai – Appellant
Versus
Visakhapatnam Municipal corporation, Visakhapatnam – Respondent
( 1 ) THE petitioner claims to be the tenant of the 2nd respondent. In this writ petition, she wants a prerogative writ directing the 2nd respondent to approach the rent Controller under Section 12 of the andhra Pradesh Buildings (Lease, Rent and eviction) Control Act, 1960 (hereinafter called the rent Act )-
( 2 ) A reading of the writ affidavit shows that no particular relief is sought against the 1st respondent and the relief is sought only against a private person who is admittedly the landlord. Even in a suit for specific relief, it is well settled that no body can be compelled either to desist from approaching the Court or to approach a legal Forum with a particular remedy. It is left to the exercise of the choice of person to avail such remedies as are available in law.
( 3 ) THE learned Counsel for the petitioner submits that the landlord requested the tenants to vacate the premises. When they refused he invented, it is alleged a clever method of approaching the 1st respondent to take action under the provisions of Section 456 of the Hyderabad Municipal corporation Act, 1955 (for short the HMC act ) read with the Andhra Pradesh municipal Corporations Act, 1
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