THE HON'BLE SMT JUSTICE T. MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CC NO.842 OF 2010 & WPMP No.12639 of 2010 in WP No.4492 of 2001 and WAMP No.716 of 2010 in WA No.828 of 2002 COMMON ORDER: (Per Hon’ble Sri Justice c.v. Nagarjuna Reddy) The Contempt Case has been filed alleging willful disobedience of Order dated 13.8.2009 in WAMP No.1578 of 2009 in WA No.828 of 2002. WPMP No.12639 of 2010 has been filed seeking clarification of order, dated 4.2.2009 passed in WP No.4492 of 2001 and WA No.828 of 2002. WAMP No.716 of 2010 in WA No.828 of 2002 has been filed seeking leave for filing the application in WA No.828 of 2002. By order, dated 4.2.2009 passed in WA No.828 of 2002, we have disposed of WA No.828 of 2002 and WP No.4492 of 2001 by directing the A.P. Housing Board to register the open space in question in favour of M/s. Quality Care India Limited-the appellant in WA No.828 of 2002. On the application by the Housing Board i.e., WAMP No.1578 of 2009 seeking clarification of the order, we have passed another order on 13.8.2009 wherein we have held that though technically M/s. Annapurna Associates Private Limited was the lessee from the Housing Board and the State Government issued G.O.Ms.No.4, Housing (BH II) Department, dated 17.1.2004 allowing to sell the property at Rs.20,000/- per square yard, in view of the fact that M/s. Quality Care India Limited being the lessee from M/s. Annapurna Associates Private Limited, it is entitled for registration of the land. M/s. Annapurna Associates Private Limited has filed WPMP No.12639 of 2010 to reconsider this decision of this Court by stating that as it is the owner of the entire property, which is given on lease to M/s. Quality Care India Limited, it is legitimately entitled for registration of the land in its favour. On a careful reconsideration of the entire issue, we find merit in the plea of M/s. Annapurna Associates Private Limited. Admittedly, M/s. Quality Care India Limited is a lessee in respect of the property held by M/s. Annapurna Associates Private Limited and in order to provide access to the said property, the State Government issued G.O.Ms.No.4, dated 17.1.2004 agreeing to sell the open space in question in favour of M/s Annapurna Associates Private Limited. In this view of the matter, we are of the opinion that it would be appropriate that the property is registered in the name of M/s. Annapurna Associates Private Limited instead of M/s. Quality Care India Limited as directed by us earlier. Accordingly, order dated 4.2.2009 in WA No.828 of 2002 as clarified by order dated 13.8.2009 in WAMP No.1578 of 2009 stands modified. The name of M/s Annapurna Associates Private Limited shall stand substituted in place of M/s. Quality Care India Limited, in the order dated 4.2.2009 passed in WA No.828 of 2002. In view of the above order, no orders need be passed in WAMP No.716 of 2010. As far as the contempt case is concerned, at the hearing Sri A.K. Jaya Prakash Rao, Standing Counsel for A.P. Housing Board submitted that in view of the ambiguity prevailing with regard to the agency in whose name the property was to be registered, the Housing Board could not comply with the order of this Court. He has stated that the Housing Board will comply with the order dated 4.2.2009 as modified by this Court today by registering the property in the name of M/s. Annapurna Associates Private Limited, within a period of two months from today. This undertaking given by the learned Standing Counsel on behalf of the Housing Board is placed on record and the contempt case is closed. __________________________ Justice T. Meena Kumari __________________________ Justice C.V. Nagarjuna Reddy Date: 25.6.2010 Note: Office to furnish the modified order to all the parties concerned. (BO) NN THE HON'BLE SMT JUSTICE T. MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CC NO.842 OF 2010 & WPMP No.12639 of 2010 in WP No.4492 of 2001 and WAMP No.716 of 2010 in WA No.828 of 2002 (Order delivered by Hon’ble Sri Justice C.V. Nagarjuna Reddy) 25.06.2010