IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 12857 of 2002 Between: Taranaka Huda Complex Lessess Welfare Assocation, Rep by its President M.Sudhakar Reddy Taranaka. Cause Titile Amended as per Court Order in WPMP 18963/02 dt: 27.9.2002. ..... PETITIONER AND 1 Hyderabad Urban Development Authority Rep by its Vice Chairman Paigah Place, Begumpet, Hyderabad. 2 The Estate Officer, Hyderabad Urban Development Authority Paigah Place, Begumpet, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate Writ or Writs order or Direction declaring the Circular bearing No.7123/EMC/HUDA/92 Dt: 8.3.2002 as illegal, arbitrary and unjust and violative of principles of natural justice Counsel for the Petitioner:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: MR.N.SUBBA REDDY The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the circular bearing No.7126/EMC/HUDA/92, dated 08.03.2002, as illegal and arbitrary. It is the case of the petitioner that the members of the petitioner- association are the tenants of the respondents, occupying the commercial shops owned by the respondents situated at Tarnaka, Secunderabad under the name and style of “TARNAKA HUDA COMPLEX” which was constructed about more than 20 years back. It is stated that the rent about 15 years back was Rs.1/- per square foot and further amount of Re.0.15 paisa per square foot was charged towards maintenance of the said building and in the year 1990, the maintenance charges were enhanced from Re.0.15 paisa per square foot to Re.0.25 paisa per square foot and thereafter, in the year 1999 it was enhanced to Re.0.40 paisa per square foot. A counter has been filed by the second respondent stating that the maintenance charges were fixed @ Re.0.40 paisa per square foot per month with effect from 01.01.1996 to 31.03.2002 and after lapse of 7 years, it was enhanced @ Re.1/- per square foot per month with effect from 01.04.2002 taking into consideration the actual expenditure. It is stated that the total expenditure for the relevant year 2001-02 is only Rs.4.26 lakhs, whereas the expenditure incurred during that period is about Rs.12.69 lakhs and there is a deficit of Rs.8.43 lakhs. It is stated that, in fact, the estimated expenditure on maintenance during the year 2002-03 is Rs.12.70 lakhs, which works out to Rs.1.20 per square foot per month, whereas HUDA fixed maintenance charges @ Re.1/- per square foot per month. Having regard to the facts of the case, I am of the opinion that the collection and maintenance charges is not exceeding the actual expenditure, therefore, it cannot be said that the said circular issued by the first respondent dated 08.03.2002 requesting the petitioner-association to pay Re.1/- per square foot per month with effect from 01.04.2002 is illegal and arbitrary. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:02.05.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MN}