2002 Supreme(AP) 1441
Andhra Pradesh High Court
Judges : V.ESWARAIAH
R.Suresh Singh - Appellant
Versus
Executive Office-cum- person in Management of Grain Bazar, secunderabad - Respondent
Decided On : 12-17-02
Headnote:
Endowments Act 30 of 1987 - Section 84 - Deputy - Commissioner of Endowments - Tenancy - Vacant possession - Eviction - Enquiry - After making enquiry and after inspecting premises forwarded eviction proposals through his letter deputy Commissioner of Endowments Hyderabad for passing appropriate orders in accordance with law - Deputy Commissioner after receiving proposal issued a notice petitioner herein and petitioner herein filed a counter stating that he is not in arrears of any dues and his father was original tenant suit premises on a rent per month which was given then Trustee and said rents are being enhanced - Held, Question of taking action Section 84 Act arises only when encroacher failed to obey order passed by Deputy Commissioner section 83 Act which gives rise for his eviction Assistant commissioner - When order is passed by quasi Judicial Authority in exercise o power Section 83 there may not be any need to specifically mention provision of law and non-mention section may not be fatal and therefore court of opinion that earlier order is in accordance with Section 83 therefore subsequent erratum and impugned order may not give rise to any right petitioner to question same as petitioner is an encroacher and he is liable to be evicted - Termination lease and admittedly there is no subsisting lease approved by competent authority sanctioning or renewing lease - Petitioner has not challenged termination 83 of Act on the ground that petitioner is an encroacher property respondent for his eviction - Petition dismissed
( 1 ) THE petitioner seeks to issue a writ of certiorari calling for the records from the Office of the Deputy Commissioner of Endowments, Hyderabad in respect of the order dated 21-11-2002 made in O. A. No. 10/2002 and to quash the same.
( 2 ) THE petitioner s father was one of the tenants in respect of the premises bearing no. 7-3-87 to 89 Grain Bazar, Dharmasala, sajjanlal Street, Secunderabad belonging to the 1st respondent. After the death of the petitioner s father, the petitioner was holding over the premises and running a hotel under the name and style of "gokul bhavan Hotel". The Executive Officer-cum-Person in management of Grain Bazar, dharmasala, Sajjanlal Street, Secunderabad made a complaint before the Assistant commissioner of Endowments (Twin Cities) (3rd respondent) stating that the petitioner is an encroacher as he has defaulted in payment of rent amount of Rs. 53,517/- from 1-4-1993 to 1-4-1999 in payment of enhanced rents and the said amount has not been cleared in spite of issuance of several notices and he failed to enter into fresh agreement for his further continuation in the said premises, therefore, tenancy was terminated through a notice No. 6/gbd/96 dated 16-12-1998 which was received by the petitioner on 17-12-1998 and in spite of that the petitioner has not handed over the vacant possession to the 1 st respondent and accordingly the 1 st respondent requested to take action for eviction of the petitioner. The 3rd respondent, after making enquiry and after inspecting the premises, forwarded the eviction proposals through his letter No. C/3904/2000 dated 8-1-2001 to the deputy Commissioner of Endowments, hyderabad (2nd respondent) for passing appropriate orders in accordance with law. The Deputy Commissioner, after receiving the proposal, issued a notice to 4th petitioner herein and the petitioner herein filed a counter stating that he is not in arrears of any dues and his father late Dhuni Chand singh was the original tenant of the suit premises on a rent of Rs. 150/- per month which was given by the then Trustee dharmasala in the year 1952 and the said rents are being enhanced from 150/- to rs. 660/- p. m. Since the building is old one, repairs are being carried out every year at- his cost and the enhancement from 1-4-1993 is not known to him and the said enhancement of the rent is abnormal. He further stated that he is paying rent regularly @ Rs. 660/- p. m. , to the 1st respondent and that there are no dues and without any justification the 1st respondent instituted the suit.
( 3 ) THE petitioner was in arrears of rent of Rs. 53,517/- pertaining to the period from 1-4-1993 to 1-4-1999 and the petitioner was irregular in paying the rents, and therefore, the 1st respondent-Dharmasala issued a notice to the petitioner terminating the tenancy and filed the eviction petition and during the pendency of the proceedings before the Deputy Commissioner of endowments, the petitioner paid an amount of Rs. 25,000/- leaving the balance amount of Rs. 27,000/- as on 31-10-2001 the lease period was expired by March, 1999. During the pendency of the eviction proceedings also the petitioner failed to clear off the dues. The 2nd respondent, after considering the rival contention and the relevant records, held that the petitioner is due an amount of rs. 53,517/- to the 1st respondent s institution by the time of the filing of the eviction proposals and the petitioner has paid an amount of Rs. 43,000/- alone out of the said amount as per the interim orders in i. A. No. 56/2001 in O. A. No. 10/2001 dated 20-6-2001 passed under Section 83 (6) of the Act to deposit the said amount for use and occupation and the remaining balance amount of Rs. 27,800/-was still due up to 31-10-2001. In spite of giving notices, he did not pay the balance amount and the enhanced amount that was fixed @ rs. 1,931/- p. m. , for use and occupation is much less than the prevailing rent in the locality. Notice was issued terminat