JOINT SECRETARY TO GOVERNMENT HOME DEPARTMENT GOVERNMENT OF ANDHRA PRADESH Vs. MIRZA MOHAMMED TAQU KHAN
HIGH COURT OF ANDHRA PRADESH
JOINT SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH SECRETARIAT BUILDINGS, HYDERABAD-2
MIRZA MOHAMMED TAQU KHAN
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Gopal Rao Ekbote, J. -
(1.) This is an appeal
from the order of our learned brother
Chinnappa Reddy, J., given in W.P. No.
658 of 1969 on 3rd December, 1969
whereby the learned Judge allowed the
petition and quashed the impugned memo.
(2.) The facts in outline are that the petitioner-respondent herein, is the owner
of a building bearing No. 11-4-641 situated at Saifabad, Hyderabad. It fell vacant
somewhere in December, 1966. The
Accommodation Controller made an
order of allotment on 30th December,
1966. It wasallotted to the District Supply
Officer, Hyderabad. There, however, was
no agreement in regard to the rent payable
for the building. The landlord therefore,
wanted fair rent to be fixed. The
Accommodation Controller, who acts as
a Controller in that behalf, by his order,
dated 27th February, 1968 fixed the fair
rent at Rs. 350. By an earlier order,
dated 15th May, 1967, he had fixed the
reasonable rent at Rs. 300. After the
fair rent was fixed, the Government paid
the petitioner at that rate from 30th
December, 1966 onwards.
(3.) While the matter stood thus, suddenly
on 2nd August, 1968 the Accommodation
Controller without disclosing any reason
passed the impugned order stating that
the order fixing fair rent at Rs. 350 per
month would be effective from the date
of the order, i.e., from 27th February,
1968. Consequently the amount of Rs. 50
per month which was according to the
Controller overpaid was being deducted
from the rent payable to the landlord.
The said memo, was attached in the writ
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