Sir, continuation my issue, the hospital authority seized [deleted].my shop without court orders due to non payment of rents,then after [deleted],the authority seald open without intimation to us and bring all meterials out side with information friends i went their ask for any court orders but they forcely beaten me with suporting of out post police they taken me from the premises forcely,all meterial taken in to their store at sellar,i was detained in the police station,then police was realeased me at 7 pm.i went to my advocate and he write a letter to police station to attempt of evict by authority and police and taken mobile phones also,police given petition reciept also to me. then after he advised me to file writ in high court, the other advocate filed writ but not said about loss of desposed,and police recipt, in filing trying to dispose from me the said premises,the high court orders given as below. ''''' having regard to the facts in issue,the respondents shell not take any coercive steps againest the petitioner,subject to the petitioner depositing the due amount to the respondents with in a period of one week from today.thereafter,the petitioner shell continue to pay the rent regularly.in default,the respondents are liberty to take steps in accordence with law.it is made clear thatno further extensions for payment of due amount would be entertained.'''''' on 10thday july 17 WP-22750/17. before this on 7-7-17.immidiatly i given representation to suthority to i will pay the due arears of dairy parlour in 1 week.not mentioned bakery shop.in that. now the authority seacretly given allotments to nighbour juice stall owner he secand highest bidder in bakery and dairy parlour also, they started work in that shop premises painting and electricity and furniture, and i got court orders on 11 th july 9 pm. i approched authority 12/7/17 to give xerox copy in inwad the authority not taken orders copy,they see but not taken. on 13/7/17 my advocates given letter to authority about not taking of orders and throwing meterial out side and giving presises to 3rd pary this will contempt of court,my client would ready to pay the rents also said and time is also very short said in that,
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. Since the high court has allowed you to use the premises on payment of rent you can use the same.
2. You can now send them rent and forcefully take possession of the shop.
3. You can pay back the authority in their own coin as if they go to court they can not say that possession has been forcefully obtained by you as the possession is expected to remain with you only during all these times.
Act accordingly.
that also not taken sended orders on regd post and speed post on 12th,13th advocate letter along with orders sended. and now problem is my advocate said we file monday contempt of court, already court orders was given on 10th we said we are in possessen after also now 13 th they thrown our meterials out side and restore also given adv letter on 13/7/17. in this mean after the court orders they dispossed from the premisses to give 3rd parties,if the third party open the shop on monday ( planing open) they must restore to you only because the agrrement not cancelled by lower court or any court, the new allotment was illigal must restore to me only saying, iam taken 1 shop dd of arrears 525000-00 but not taken bakery arrears is very high of 25 lakhs, advocate said u must restore 1 shop, if u get dummy dd ( take 25 laks dd but not submitted if restore then they fallow the due proces of law said with this effect we recover the meterials back,) but its only for 1-2 months only chance to run after that court evict from premises by order said, my doubts : how authority given allotments to another party, if they start bussiness how i restore from them is possible. they also chance to get injuction or stay.how to get possesen from them. what is the value of high court orders. please suggest. and nother shop xerox also same problem he enterd in agreement [deleted] for 3 years,that was ended [deleted], but the tenders were called in before 6 months 1 nov 2015.notice not given to him,and after that also accepted enhanced rents also 10%, the authority give a letter on june 22 2016 about the shop was allotted to another,immidiatly he given reply to authority he was paying rents reguler and u also accepting my rents,suddenly this notice was hurt me please allow me to continue like same complex medical shops renewl every year 10%,from that sep 2016, no answar or notice from authority they taken rents directly with reciept up dec 2016 then after recieve up to feb by post,and fter that they sending rverse to him by post,but no notice given fresh,and current bill in may 21/17 taken in that clearly mention rents from feb not paid till date, he have 4 months dd, same my advocate file writ also.same day authority seized that sho also same day taken their articals to authority storse like us. in their wrirt oreder there shell be a direction to the respondentsto proceed in accordence with law.with regard to allotmentsof the subject premises of the purpose of running xerox michine.but till such proces is over,the petitioner shell not be dispossesed except in accordence with law. after that same treating like me our advocates are same saying contempt of court, this was also given to another they also started work. how we will defend any suggetions sir this case WP 22725/2017,WPMP 27986/2017.HIGH COURT OF AP AND TELANGANA
Take back possession and then file writ petition once again.
You have no other option .
before doing this send them the arrears rent .
If you can not take back possession then file writ petition seeking restoration of possession. it appears your earlier writ petition was not properly drafted and handled.
1) authority is bound to comply with court orders
2) if authority is not acknowledging receipt of court order and giving shop to third party it amounts to contempt of court
3) send cheque for pending rent with covering letter
4) your lawyer has rightly guided you that possession has to be restored to you
HC order is binding upon authority
2) allotment of shop to third party would be set aside and you would be given possession of the shop
3) authority has committed contempt of court by throwing out your materials
4) you should get relief from court
The lease agreements is separate for shop no.4 and shop . 9. M/s yadhadri enterprises proprietor is iam mahender reddy. I approached high court for 2 shops in one writ issue was same for two shops. But now iam taken 1 shop arrears Dd of 459893-00 and 65699-00 = 525592-00 rs total shop no. 9 arrears up to June 17 By (taken gold loan 250000-00 yesterday and I have 200000-00 in my current account and another 75000-00 barrow from friends) I have no money to take dd for bakery if bakery runs any body give amounts to me. But they keep all my furniture and articals ( in that if I sale ice Creame michine 380000-00 and very big fridge cost 500000-00 and other some equipment 200000-00= nearly I gather 8-10 lakhs, and any body come forward to give with seeing my Bussiness running. The 3rd party Second highest bidder in tenders 2015 Nov and he making all furniture with out any problem. Authority is also not direct him wait some time order came from high court or any thing. Authority is careless acting. Monday if he open the shops officially. How to get back shop. He have also right everything like made agreement and payments and HAndover the place by authority. What is my situation. I fight only from out side. Court should have right to restore me to throwing him out after start also. Suggest. My advocate filling contempt on Monday same day they opens all shops.
if you have evidence to show that you have been throwing away forcefully and without order of the court then you can get relief from the court under specific relief act. court shall stay the proceeding and restore your possession. it is prove from the case that you have possession over the property and dispossessed by the authority without any order of the court. you should challenge the whole proceeding along with contempt of court.
when you prove that dispossession was unlawful then all the subsequent proceeding like allotment, public auction etc itself becomes void.
If the hospital authorities are not obeying the court order., then immediately file a contempt of court case agaisnt them.
Your advocate has to be more vigil about the developments and has to fling into the action very swiftly than allowing time to the respondent to do all such illegal acts.
The police atrocities should have been represented before the human rights commission, because the police cannot interfere in the civil matter and the hospital authorities have actually trespassed your shop, looted your property, damaged your articles, dispossessed you illegally and by arrogance in collusion and support of corrupt police.
You can vie the option of approaching human rights commission against the corrupt police who were in hand and gloves with the arrogant hospital authorities.
The authorities have decided to somehow throw you out of the property hence they are utilising all illegal tactics to keep you away from the property.
They hav scant respect for law and they seem not to abide or afraid of court orders.
They have to be taught music of law by filing a contempt of court petition and strongly argue to get the persons involved in it to be pushed behind bars individually.
Monday if he open the shops officially.
How to get back shop.
Since you ave been thrown out and you have a court order in your favor and you are ready to comply the conditions imposed by court, you may once again aproach court for relief with a contempt of court petition and to be heard urgently for the said reasons.
1) court would restore you possession of the shop and equipment thrown out of your shop
2) your lawyer has rightly taken out contempt of court proceedings against the hospital administration
Sir, Our lawyer filled petition about Court order 10/7/17 Orders recieved on 11/7/17. Given 1 week time. 1)taken dd of rent of shop no.9. Shop no.4 not taken. 2) authority not receiving court order inward section and in superintendent office. 3) Leagal notice by advocate to superintendent on 12/7/17 by mail and reg. post about not recieved orders and dispose meteria and allotted to third party urgently and asked to restore meterial in shop. It is contempt of court u are responsible for all illigal processes made by superintendent 4).recieved reg. post by superintendent 14/7/17. Advocate yester day filled (not contempt) to allow us to continue and all happening from court orders and superintendent contemptuous . 17/7/17 high court half day due to local festival other local courts holiday. . Listing on 18-17/17, Judge c. Praveen kumar. Just now see in high court site. He is not available today. My advocate saying possessen never loss.( how sir with police 5 members of authority came and lifted us to police station how can I restrict them. Witch law relief to me. If they not allot immediately I get relief but wantedly handover possessions to him asked to open immediately. Where is law. Sir. And saying If judge says it's over allotted to new. Nothing to do. Just file for contempt.ask for damages. But chances very low to get restore saying. Is true sir. My doubts What about my articals furniture and stock worth of 20 lakhs. They forfeit the meterial rent recovery from that. How can I get meterial is any right to authority forfeit my stock and articals. If any thing rent due they file for recovery and I will ask fight But not giving meterial is very injustice to me. Be cause they damaged my Bussiness with using juice stall shift back to front side footpath and now allotted to my shops 4&9, is very hurting to me. What to do sir.
1) courts take contempt of its orders seriously . it would not allow hospital administration to flout its orders with impunity and allot shop to third party in flagrant violation of its orders
2)it may take time but you would certainly get relief from court
3) you are entitled to recover your materials worth Rs 20 lakhs
4) they can sue you to recover rent arrears
TOTAL ISSUE BRIEFLY 1) Gandhi hospital invited sealed tenders 6 shops in separate tenders, bakery, Xerox, fruite stall, general store, dairy parlour, and general store, on 1/11/2015. 2) Sealed tenders 1) technical bid 2) financial bid, qualified technical bidders only allowed to participate in financial bids .unqualified technical bidders are rejected. 3) Financial bids opened on10/12/2015. 4) A was the highest bidder of all shops, and orally instructed me to arrange 3 months advance rent within 7 week, it’s not tender schedule I requested them I will arrange in 15 days and open. 5) The second highest bidders all are belongs to medical shops same shopping complex ( total 10 shops and 5 front 5 back one behind one, 6 shops tendered out of 10 another 4 shops are 1 atm and 3 are medical shops, 6) They threaten me drop from highest, I said I will do business, 7) Second highest bidders and authority combindly draft a complaint on me to not allot shops to me. 8) The authority play big drama to delay allotment orders to me harass to went away from tenders, with patients I have waited 4 months. 9) They planned and gave me only 3 shops allotment orders, other 3 shops kept aside and in orders also complete against tender schedule terms and conditions, 10) In orders separately they asked me to deposits 3 months advance rent deposit of 3 shops ( bakery 321099*3months =963297-00,dairy parlor 65699-00*3months=197097-00,fruite stall 211099*3 months=633297-00) this was as per tender schedule no problem iam ready for total 3 shops appr.[deleted] (( in tender schedule this three months rent was as security deposits its forfeited if I cont run)). Wontedly added new terms to quit me by asking huge amounts, and cheqs to fear me. And in that orders also additionally asked me to give 1 year rent bank surety as security deposits ( bakery-[deleted],dairy parlour-788388-00,fruite stall-[deleted],( for total 3 shops. [deleted]) and this will be forfeited if I cannot run the shop in future. and additionally asked post dated cheqs of 12 months. 11) I made a complaint and objection letter above intentionally added new terms, I participated studying terms and conditions purchasing of tender schedule worth of 2000-00 each shop total 12000-00 for 6 shops. I bid a tender as per terms if I get all the 6 shops my investment for all 3 months deposits [deleted], but now given only 3 shops orders that also as per tender schedule 3 months’ rent for 3 shops [deleted]. And asking [deleted] only for these 3 shops. How it is possible, additional [deleted] is very injustice, their intention is very clear they want to restrict me to enter in hospital premises. 12) Several objection they given final order copy as per tender schedule removing of new terms, 13) They given reply another 3 shops will be given after this 3 shops,
14) With these issue and threatens by authority and I am not paid 3 months’ rent of fruits shop taking dd also shown to them and you not suffered me I will sure run fruits stall also said, my EMD forfeited I know that if iam not paid 3 months advance rent that shop goes to second highest bidders any where tenders. 15) Then their second part show started business on 1-7-16. Fruits stall second highest bidder get allotment order same day they also opened, and 2 days after they shifted fruits stall back side to front side be side of our bakery shop damaging my business, I inform the authority to send them their place but no action taken by authority since from 12 months, And I asked another 3 shops they told me to concentrate on your business, in back door they silently allotted to second highest bidders by forfeiting my EMD as a highest bidder my emd (50k+50k+50k) of each shop total 150000-00.iam very shocked to hear this, I taken the issue to higher authorities and they targeted me and manage higher authority from that day all the people police and neighbors and authority and media aggressively attacking me from all sides, authority received my 10-15 representations about selling water bottles damage my business and shifting juice stall front side and closing our shop by police 11pm, but no response from them orally saying we will enquiry and take action. 16) I paid rents july,august,September,October with taking borrow the money from friends but they not taking any action, 17) Iam given a representation in September,october if these illegal selling water bottle in other shops and shifting fruits stall beside us in foot path and closing at 11 pm.if it will continues iam unable to pay the rent next month,requsted to your silence is effecting my business every hour throwing deep financial problem also said in that letters. 18) And I stopped paying rents due to loss the given termination letter and we given legal notice to them to pay the damages to me as per your several lapses said in that 18 pages. 19) Then their they not answered my questions and agree the new terms was included interest of the institute and said in replay the hospital administration is decided to vacate the premises as per law in force. 20) Then suddenly went after one month 21/6/17 seized my shop by force without any order or present notice. 21) Then my advocate was very worst and delay and said they cannot do anything without due process of law, but the authority is going illegally steps taking, and advocate preparing suite the authority on 6-7-17 3pm with full force of security and police break the seize and lifted material to their custody and keep it building sellor,empty the shops.
you have good case on merits
2) hospital administration has allotted shop to third party in flagrant violation of court orders
3) you should on payment of rent arrears be restored possession of one shop
My doubts
What about my articals furniture and stock worth of 20 lakhs.
They forfeit the meterial rent recovery from that.
How can I get meterial is any right to authority forfeit my stock and articals.
If any thing rent due they file for recovery and I will ask fight
But not giving meterial is very injustice to me.
Be cause they damaged my Bussiness with using juice stall shift back to front side footpath and now allotted to my shops 4&9, is very hurting to me
If your materials were taken away from your shop forcibly and literally threw you out of the shop, all done in haste and illegally, you have to to lodge a complaint to the local police, if the local police is not entertaining the complaint, you may send it by registered post, wait for 3 to four days and then refer the matter to the higher police officer with a similar complaint and enclose the copy of this complaint, seek his intervention, and direction to the local police for initiating proper legal action on the complaint.
The complaint should be for theft, robbery, looting and other illegal acts, namely atrocity, burglary etc against the hospital staff and the police who were involved in the said acts, and the superintendent also may be named as an instigator.
Simultaneously a complaint before the human rights commision may also be given against all those, i.e., the superintendent and the concerned police personnel on the same lines.
A writ before high court for staying the operation of the process of tender and allotting the shops may have produced some relief to you and your can see that if you still have time to utilise this option.
Then my advocate was very worst and delay and said they cannot do anything without due process of law, but the authority is going illegally steps taking, and advocate preparing suite the authority on 6-7-17 3pm with full force of security and police break the seize and lifted material to their custody and keep it building sellor,empty the shops.
If the hospital authorities have indulged in such illegal activities, what do you think your advocate can do for that.
He can show you other legal ways to defend your interests.
He should have guided you to prefer a complaint with the top police officer and gathered a press meeting to expose the hospital authorities of their illegal acts and arrogance and lawlessness etc.
Besides a complaint with the human rights commission may also be lodged.
Namasthe Sethi sir and Kalaiselvan sir. The 3rd parties started Bussiness from 16th July 17. The authority wantedly not taken orders on 12th. Posted to them and Leagal notice also posted about not recieve court order, 14th, But they not stopped opening and not hold allotments and orally directed the 3rd party's to open on Sunday immidiate start Bussiness. On Monday court half day due to local festival in Hyderabad. Filled mentions on 18th July. That day judge on leave Wednesday the judge not permit mention and also on Friday they permit with court slip. On Monday case was 124 on listing on Monday also filled contempt petitions in that. But not reached hearing. Tuesday the case went to 139 its also may be not reached advocate saying judge not allowing mentions that is the problem. Just now I called him about delay. Yesterday the authority filled writ petition of vacate stay and also 3rd party advocate filled implead petition. Told me to come office in the evining to give replay to them. Is there any plan of authority and 3rd party pending the case and continue the Bussiness.. Kindly explain what to do.best advice what to do. My case number WP 22750/2017. hc.tap.nic.in And also same issue of other shop WP 22725/20017. Is there any problem with vacate stay and implead petitions.
You have to file detailed reply opposing vacation of interim stay granted by HC
2) mention that Petitioner has deliberately violated HC court orders abd allotted shop to third party
3) that they have committed contempt of court.that contempt of court proceedings are already pending in HC against them
4) they want stay to be vacated so that third party can carry on business in the shop
If the opposite party filed a petition to vacate the stay then it is construed that they are aware of the existing order, and any thing done against the order is concluded as contempt of court
You have to challenge his petition seeking to vacate the stay order and also the third party implead petition properly on the grounds that they basically did not honor the court order nor obeyed it.
In addition other regular objections may be added to the counter to be filed from your side.