SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(AP) 956

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
Kalasagaram, Secunderabad Cultural Association - Appellant
Versus
State OF A.P. - Respondent
Decided On : 09-25-97

Headnote:

Constitution of India, 1950 - Article 226 - Urban Development Department as Arbitrary Illegal and in Violation - Petition prays for issuance of an appropriate writ particularly one in nature of writ of mandamus declaring government Memorandum of Municipal administration and Urban Development department as arbitrary illegal and in violation of principles of natural justice - petitioner also prays for issuance of consequential direction to respondents to sanction plan submitted by petitioner for construction of auditorium in premises situated in layout of government employees cooperative housing Society at admeasuring as per registered petitioner herein is cultural association registered Fasli and came into existence main object of association is stated to be is to promote Fine Arts music dance and drama to cultivate histrionic literary and artistic talents and tastes among public in general and of members of association in particular and to establish and maintain a library and to provide entertainment by arranging dance drama and music who claims to be one premier cultural organisation in State of Andhra Pradesh – Held, In or words High Court cannot ignore law and well-accepted norms governing writ jurisdiction and say that because in one case a particular order has been passed or a particular action has been taken same must be repeated irrespective of fact wher such an order or action is contrary to law or orwise each case must be decided on its own merits factual and legal in accordance with relevant legal principles orders and actions of authorities cannot be equated to judgments of Supreme Court and High Courts nor can y be elevated to level of precedents as understood in judicial world it is also equally well settled that Court would not issue any writ setting aside every and any illegal order if as a consequence anor illegal order gets revived and resurrected - No writ could be issued quashing an illegal order to give effect to or revive anor illegal order - For aforesaid reasons no writ could be issued setting aside impugned order passed by State Government even if petitioner s argument about Government s order being illegal is to be accepted - Even if it is to be presumed that impugned order is ultra vires yet same cannot be interfered with to revive or to give effect to anor illegal decision of respondent-Corporation for granting lease of said land to petitioner - Accordingly dismissed.

B. SUDERSHAN REDDY, J.

( 1 ) THE petitioner in the instant writ petition prays for issuance of an appropriate writ particularly one in the nature of writ of Mandamus declaring the government Memorandum of Municipal administration and Urban Development department No. 63/ii/88-2, M. A. , dated 10-2-1992 as arbitrary, illegal and in violation of the principles of natural justice. The petitioner also prays for issuance of consequential direction to Respondents 2 and 3 to sanction the plan submitted by the petitioner on 20-11-1987 for the construction of auditorium in the premises situated in the layout of Government Employees Cooperative housing Society at Marredpally, secunderabad admeasuring 4,280 Sq. yards as per the registered lease deed dated 17-7-1982.

( 2 ) THE petitioner herein is the Cultural association registered under the Hyderabad public Societies Registration Act, 1350 Fasli and came into existence on 9-9-1967. The main object of the Association is stated to be is to promote Fine Arts i. e. , music dance and drama to cultivate the histrionic, literary and artistic talents and tastes among the public in general and of the members of the association in particular and to establish and maintain a library and to provide entertainment by arranging dance, drama and music who claims to be one premier cultural organisation in the State of Andhra Pradesh.

( 3 ) THE petitioner requested the second respondent herein to grant some land for erecting a beautiful auditorium. The second respondent accepted the request of the petitioner and executed a registered lease deed dated 17-7-1982 in favour of the petitioner s association. An extent of land admeasuring 4,280 Sq. yards situated at Marredpally is sought to be made available by the respondent-Corporation to the petitioner on lease for a period of thirty years with effect from 17-7-1982. The petitioner claims that it was put in possession by the very Corporation pursuant to the lease deed executed on 17-7-1982. The petitioner paid the entire lease amount for thirty yeas in advance. The petitioner is authorised under the lease deed to construct an Auditorium and to bear, pay and discharge of future taxes, charges etc. in respect of the property levied from time to time.

( 4 ) HOWEVER, the fact remains mat having obtained the lease deed, the petitioner could not utilise the land till the year 1987 in which year the petitioner is stated to have applied for permission for construction of auditorium. The second respondent directed the petitioner to deposit in all about a sum of rs. 50,000/- (Rupees fifty thousand) towards permit fees and other charges. The same was deposited along with the plan on 20-11-1987. The respondent-Municipal Corporation however, did not sanction the plan. The petitioner went on making representation. The latest being dated 22-2-1992. The fact remains that the Municipal Corporation did not accede to the request of the petitioner and sanctioned the plan for construction of the Auditorium in the land granted on lease to the petitioner.

( 5 ) IT is alleged in the affidavit filed in support of the writ petition that the men minister Sri Alladi Raj Kumar appears to have given some report to the first respondent without making and consulting the members of the petitioner s association. Some individuals who are inimically disposed towards the petitioner s association, according to the petitioner, made some representation to the first respondent-Government which has resulted in the issuance of the impugned memorandum dated 10-2-1992 directing the second respondent herein to cancel the registered lease deed dated 17-7-1982 executed by the second respondent in favour of the petitioner s association.

( 6 ) IT is stated in the affidavit that the lease granted to the petitioner s organisation cannot be cancelled on the mere ground that the said land is reserved as open spaces forming part of the layout. The respondent- corporation granted such leases for the construction of














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top