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1996 Supreme(AP) 1330

K.S.SHRIVASTAVA
Nalli Sanyasi Naidu – Appellant
Versus
Maharaja Alka Narayana Society of Arts and Sciences (MANSAS) rep. by its Secretary, Vijayanagaram – Respondent


K. S. SHRIVASTAV, J.

( 1 ) THE petitioners challenge, through this writ petition under Article 226 of the Constitution of India, the action of the 1st respondent in auctioning the leasehold rights in the land covered by Survey No. 204 of Boni Village, anandapuram Mandal, Visakapatnam District, by public auction.

( 2 ) THE 1st petitioner and his deceased brother, namely Laxman Rao, the husband of the 2nd petitioner, in the year 1964 had taken on lease agricultural lands admeasuring Ac. 41. 50 cts. of Survey No. 204 of Boni Village, District visakapatnam (in short the suit land ) (on lease) for Rs. 2. 07. 50 from one Sri k. Satyanarayana, for a period of ten years. On 4-3-1974, the 1st respondent issued a notice to the 1st petitioner and his deceased brother, Laxman Rao, to vacate the suit land because it wanted to sell the leasehold rights in the suit land by public auction. The 1st petitioner and his deceased brother, laxman Rao, unsuccessfully challenged the notice in Civil Court. The 1st respondent filed a suit O. S. 57/80 on the file of the Subordinate Judge, vijayanagaram for recovery of Rs. 11,880-00 Ps. being mesne profits for the years 1974-75 to 1979-80. The claim in the su











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