- (1.) This appeal is directed against the judgment of the Division Bench of the Andhra Pradesh High Court whereby the writ appeal filed by the appellant was dismissed and the order passed by the learned Single Judge declining to interfere with the decision taken by the State Government not to regularize the lease deed executed in her favour in respect of land measuring 413 sq. yards was upheld.
(2.) On an application made by the appellant, the land in question is said to have been leased out to her vide deed dated 10.1.1972 prepared by Venkat Rao, the then Inspector employed in the office of the Estate Officer, Secunderabad in the name of the Revenue Secretary of the State. After getting the lease deed, the appellant applied for permission to raise construction. The Municipal Corporation of Hyderabad refused to grant permission on the ground that the land was earmarked for road and the lease deed executed in favour of the appellant appeared to be fictitious. Thereupon, the appellant approached District Collector and other functionaries of the Government, who recommended regularization of the lease. However, vide memo dated 16.11.1988, the State Government finally rejected the representation of the appellant. That memo reads as under: JUDGEMENT_524_TLPRE0_2012_1.html
(3.) The appellant challenged the decision of the State Government in Writ Petition No. 17494 of 1988 which was disposed of by the learned Single Judge of the High Court vide order dated 12.03.1991 with a direction to the State Government to pass appropriate order after hearing the appellant and respondent Nos. 4 to 6. The relevant portions of that order are reproduced below: "A reading of the impugned memo which has been extracted above, does not show whether the Government has considered the regularisation of the lease on the altered circumstances and conditions as suggested by the two authorities. When the competent authorities after enquiry found that regularisation can be made, it is the duty of the concerned authorities, at the time of passing the impugned Memo to take note of the recommendations made by the competent authorities. Without taking note of the recommendations of the authorities and without discussing the pros and cons of the matter, the Government simply issued the impugned Memo. The contention of the petitioner that the Government has passed the order without applying its mind and without taking note of the recommendations of the competent authorities, has some force. On that simple ground only, the impugned Memo is quashed and the authorities are directed to consider the case of the petitioner in the light of the recommendations made by the Collector, Hyderabad District, in the letter dated 13.4.1987 and the letter of the Commissioner of Land Revenue dated 19.5.1987. Respondents 4 and 5 who claims portion of the land contended that they made be given an opportunity to represent their case before passing the final order. Since respondents 4 and 5 are claim rights over the property, this court is not prepared to investigate into these facts. As the impugned Memo is set aside on the technical ground, this court feels that opportunity be given to the respondents 4 and 5 to represent their case. The Government is directed to pass appropriate orders after giving due opportunity to respondents 4 and 5 as well as the 6th respondent who has been impleaded during the pendency of the writ petition and after considering their respective contention.";