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1985 Supreme(AP) 26

RAMA RAO
S. SHANKAR RAO – Appellant
Versus
Government Of A. P. , REP. , BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, ACCOMMODATIOO-A, SECRETARIATE, HYDERABAD – Respondent


RAMA RAO, J.

( 1 ) THIS is a petition for issuance of a writ of certiorari to quash clause (b) of the notification in G. O. Ms. No. 636, General Administration (Accommodation-A), dated 29-12-1983 and declare that the said clause is constitutionally invalid.

( 2 ) THE essential averments in the affidavit in support of the petition may be stated. The petitioner is a tenant of the premises called haridwar Hotel since 1970. The rent stipulated originally was Rs. 575/- permonth including the mulgis and the rent was enhanced to Rs. 1,550/ per month by 1979 and again by 1982 the rent was enhanced to Rs. 2,500/- per month. The premises were constructed in the year 1969. The actual rateable value per year as entered in the municipal records is Rs. 4,800/- in the year 1983. In view of the judgment of the Supreme Court striking down Section 32 (b) of the A. P. Buildings (Lease, Rent and Eviction) control Act, the premises under the occupation of the petitioner is governed by the Rent Control Act. But however in view of clause (b) of g. O. Ms. No. 636, date 29-12-1983, the provisions of the Rent Control Act apply (sic) to the building. The landlord filed a suit O. S. No, 104/84 on file of the













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