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2021 Supreme(AP) 920

ARUP KUMAR GOSWAMI, NINALA JAYASURYA
Visakhapatnam Metropolitan Region Development Authority (VMRDA) – Appellant
Versus
Fusion Foods, rep. by its Proprietor T. Harsha Vardhana Prasad, S/o. Nageswara Rao – Respondent


Advocates Appeared:
For the Appellant :Mr. S. Sri Ram, Advocate General for Mr. Kasa Jagan Mohan Reddy.
For the Respondents: Mr. S. Subba Reddy.

JUDGMENT :

Ninala Jayasurya, J.

1. Aggrieved by the order dated 31.03.2021 passed by the learned Single Judge in W.P. No. 21399 of 2020, the 2nd and 3rd respondents therein filed the present appeal.

2. By the order under assailment, the learned Single Judge while holding inter alia that the action of the appellants in evicting the writ petitioner/1st respondent on 15.11.2020 a Sunday, from the subject matter premises, by issuing a communication purportedly a "Vacation Notice" dated 14.11.2020 is not as per the procedure established by Law, directed redelivery of possession.

3. Heard Mr. S. Sri Ram, learned Advocate General, appearing for Mr. Kasa Jagan Mohanreddy, learned counsel for the appellants and Mr. S. Subba Reddy, learned counsel for the 1st respondent/writ petitioner.

4. The writ petitioner/1st respondent's case as projected in writ petition, in brief, is thus:

Pursuant to invitation of applications for allotment of Drive-In-Restaurant situated at Gurajada Kalakshetram bearing Door No.11-1-7 in T.S. No.1018, Waltair Ward, Visakhapatnam District (hereinafter referred to as 'premises') by Visakhapatnam Urban Development Authority (VUDA) (presently Visakhapatnam Metropolitan Region

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