Back
1992 Supreme(AP) 512
Andhra Pradesh High Court
Judges : A.GOPAL RAO, V.SIVARAMAN NAIR
Government Of A.P. - Appellant
Versus
HEH the Nizam VIII of Hyderabad - Respondent
Decided On : 09-29-92
Headnote:
The writ petitions are largely based on the observations contained in the Judgment dt. 10/09/1990 of our learned brother A. Venkatarami Reddy, J. , in W. P. No. 11497/90 laying stress on the aspects of "public interest" and "undue hardship" which are relevant under S. 20 (1) (a) and (b) of the Ceiling Act.
Fact of the Case:
Petitioner No. 1 filed an application under Section 20 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "ceiling Act"), seeking exemption of about Ac. 300. 00 known as chiran Palace , on 19-10-1981. The second petitioner filed an application on 18-12-1982 stating that it had entered into an agreement of sale with the 1st petitioner on 9-12-1981 and requested the Government to grant exemption of that land under S. 20 of the Ceiling Act. Government considered the two applications and rejected them by order dated 15-2-1983. First petitioner filed W. P. No. 1942/83 but the second petitioner did not. This Court disposed of the Writ Petition on 19-11-1987 directing the 1st petitioner to submit a representation to the Government and the Government to consider and pass appropriate orders thereon after hearing the petitioner.
Finding of the Court:
We are satisfied that the impugned order was passed in strict compliance with the directions contained in the judgment in W. P. 11497/90 dt. 10-9-90. The only aspect of "public interest" which the petitioner sought to highlight was dealt with in paragraph-26 of the impugned order, dt. 16-3-1991, as-"in so far as the Nassar Cooperative Society is concerned, their interest emerges primarily from the agreement entered into by them with the petitioner. Vide Govt. Memo No. 2164/ UC/8i, dt. 29-12-1982, they were asked to file certain documents. Their case was duly considered and rejected vide Govt. Memo N0. 2164/uc. II/85, dt. 15-2-1983. The Writ Petition No, 1942/83 was filed only by the GPA Holder of the Nizam. As such the order in W. P. No. 1942/83 relates only to the parties therein. The application dt. 28-2-1988 is a sequel to the order is W. p. No. 1942/83 and this was filed by the GPA Holder of Sri Mukarrum Jah Bahadur. As such there is no Subsisting application of the Nassar Cooperative Housing Society. Notwithstanding this, the Society is one of the Writ Petitioner in W. P. No. 11497/80 wherein the Court ordered the disposal of the applications filed /by the petitioners for exemption. The application for exemption of Sri Mukarrum Jah has been disposed off as above. The question of the Nassar Cooperative Housing Society purchasing land from Sri Mukarrum Jah Bahadur arises only in the event where Government exempted the properties from the purview of the Act. As such, the President of the Nassar Cooperative Housing Society may be informed of the rejection of the exemption application of Sri Mukarrum Jah Bahadur. "
Issues: 1. Whether the impugned order was passed in strict compliance with the directions contained in the judgment in W. P. 11497/90 dt. 10-9-90? 2. Whether the aspect of "public interest" which the petitioner sought to highlight was dealt with in the impugned order? 3. Whether the application for exemption of Sri Mukarrum Jah has been disposed off as above?
Ratio Decidendi: 1. Yes, the impugned order was passed in strict compliance with the directions contained in the judgment in W. P. 11497/90 dt. 10-9-90. 2. Yes, the aspect of "public interest" which the petitioner sought to highlight was dealt with in paragraph-26 of the impugned order, dt. 16-3-1991. 3. Yes, the application for exemption of Sri Mukarrum Jah has been disposed off as above.
Final Decision: Writ petitions are dismissed. Writ Appeal No. 1220/91 is disposed of in view of the dismitsal of the writ petitions. It will now'be open to the State Government to proceed with implementation of the impugned decisions and other consequential orders issued in furtherance thereof. Petitioners will pay the costs of the respondents including Advocate's fee of Rs. 1000. 00one set.
( 1 ) THIS Writ Appeal arises from the interim order passed by our learned brother Syed Shah Mohammed Quadri, J. , in W. P. No. 17955/91 in W. P. No/4513/1991. By his order dated 30-10-1991, the learned single Judge directed stay of all further proceedings pursuant to G. O. Ms. No. 957 Revenue (UC. I) Depart-ruent, dated 2 5/10/1991. Against the interim order the State has appealed. On its admission on 8-11-1991, the Division Bench directed that the Writ Appeal be posted along with Writ Petition No. 4513/1991. Hence both the matters are before us. In view of the fact that we are hearing the Writ Petition, it is not necessary for us to consider the Writ Appeal separately.
( 2 ) THE Writ Petition is filed on behalf of M. JE. H. the Nizam-VIII, represented by the General Power of Attorney, to call for and quash Government Memo No. 580/ U. C. II (2) / 83-87, Revenue (UC. II) Department, dt. 16-3-1991. Nassar Co-operative Housing Society Ltd. , filed W. P. No. 14942/91 seeking almost the same reliefs. We will refer to the two petitioners as petitioner Nos. 1 and 2. The facts leading to the Writ Petitions are as following:
( 3 ) PETITIONER No. 1 filed an application under Section 20 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "ceiling Act"), seeking exemption of about Ac. 300. 00 known as chiran Palace , on 19-10-1981. The second petitioner filed an application on 18-12-1982 stating that it had entered into an agreement of sale with the 1st petitioner on 9-12-1981 and requested the Government to grant exemption of that land under S. 20 of the Ceiling Act. Government considered the two applications and rejected them by order dated 15-2-1983. First petitioner filed W. P. No. 1942/83 but the second petitioner did not. This Court disposed of the Writ Petition on 19-11-1987 directing the 1st petitioner to submit a representation to the Government and the Government to consider and pass appropriate orders thereon after hearing the petitioner.
( 4 ) PURSUANT to the above directions, the 1st petitioner submitted representations on 5-12-87 and 27-2-1988 to the 1st respondent seeking exemption of the land under S. 20 (1) of the Ceiling Act. The matter could not be heard in spite of notices to the petitioner, either because of his non-appearance or his requests for time. Petitioners fifed W. P. No. . 11497/90 for the issue of a writ of mandamus directing the Government to grant exemption from the Ceiling Act in respect of Ac. 398. 00 situated in Shaskpet village, by ordering the applications for exemption. This Court passed orders on that Writ Petition on 10-9-1990 directing the 1st respondent to dispose of the application under S. 20 (l) (a) and (b) of the Ceiling Act in accordance with law and in the light of the observations made therein preferably within a period of three months from the date of receipt of a copy of the order. The 2nd respondent heard the matter and issued Memo No. 518/uc. I1 (2)/ 87-37 dated 16-3-1991 rejecting the application of the 1st petitioner for exemption. Dealing with the 2nd petitioner, that order stated that his application having already been rejected by order dated 15-2-1983 and that order having become final, there was no application which remained for consideration. The respondent also held that rejection of the application of the 1st petitioner for exemption so as to enable him to sell the land to the 2nd petitioner virtually amounted to dismissal of the 2nd petitioner s claim for exemption to purchase that land. The 2nd respondent therefore, directed communication of the order to the 2nd petitioner also. Petitioners have filed these Writ Petitions assailing the order of the 2nd respondent dated 16-3-1991.
( 5 ) W. P. No. 4513/91 was admitted on 27-3-1991. Orders were passed in W. P. M. P. Nos. 5582 to 5584 of 1991, directing respon- dents to maintain status quo as on the date of the order with regard to the land in Chiran Palace. By furthe
