Decided on July 29,1971

State Of A.P. And Others Respondents


Lakshmaiah, J. - (1.)This Writ Appeal is preferred against the decision of our learned Brother Ramacbandra Rao, J, dated 22-4-1969 dismissing W. P No. 1253/67 filed by the appellant herein.
(2.)The above Writ Petition was filed under Art. 226 of the Constitution by the appellant herein seeking the quashing of G.O. Ms. No. 324, dated 12-4-1967 passed by the Government of Andhra Pradesh, the first respondent herein exempting a building bearing No. 5-9-96 from the operation of the provisions of Sec. 10 of the A P. Buildings (Lease, Rent & Eviction) Control Act of 1960 referred to hereinafter merely as the Act.
(3.)Respondents 2 to 4 herein purchased the building bearing No. 5-9-96 situated at Public Garden Road, Hyderabad, as per the registered sale deed dated 17-4-1965 for a consideration of Rs. 95,000.00. They stated that they purchased the building for their personal occupation. They are living in a house at Saifabad. As accommodation was found to be not sufficient for them and the members of their families, the aforesaid house was purchased in order to provide the 3rd and 4th respondents with separate accommodation. The respondents found that portions of the premises purchased by them were in the occupation of the appellant herein. The appellant was stated to be in occupation of the said premises for non-residential purposes. It is submitted on behalf of respondents 2 to 4 that as they could not evict the appellant herein, they applied on Nov., 10, 1966 to the Government of Andhra Pradesh under Sec. 26 of the Act seeking exemption of the building from the provisions of Sec. 10 of the Act. The Government thereupon caused the issuance of notices to the appellant herein to submit his representation and after duly considering the representation so submitted by the appellant, the Government passed the impugned G.O. Ms. No. 324, dated 12.4.1967 and that G.O. reads thus:-
"In exercise of the powers conferred by Sec. 26 of the A.P. Buildings Lease, Rent and Eviction Control Act, 1960, (A.P. Act XV of 1960), the Government of A.P., here by exempts the building bear-in-No. 5-9-96 situated at Public Garden Road, Hyderabad belonging to Sri A.V. Subba Rao and his sons, from the operation of the provisions of Sec. 10 of the Act."


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