THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.9705 of 2006 DATED: 26.07.2010 Between: Late Sri G. Basvaiah (died per LRs) and others .. Petitioners And The Estate Officer, Municipal Corporation of Hyderabad, and others. .. Respondents ORDER: It appears, petitioner No.1, who is the father of petitioners 7 to 9, and petitioners 2 to 6 herein were granted lease in respect of various extents of land situated at M.C.H. Colony, Parsigutta, Hyderabad, by the respondent Corporation and on the grounds that the lease in their favour expired and they have not paid the lease amounts and that they have also raised structures in the land without obtaining permission of the competent authority, the 1st respondent- Estate Officer of the Corporation issued show-cause notices dated 08.10.2005, under the provisions of the A.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short ‘the Act’), requiring the petitioners 1 to 6 to show cause as to why they should not be evicted from the subject lands. Pursuant thereto, the petitioners 1 to 6 submitted their explanation on 15.10.2005. While so, contending that the respondents, without considering their explanations, were trying to evict them from the subject lands, petitioners 1 to 3 filed a writ petition in W.P.No.25083 of 2005 before this Court and the same was disposed of on 24.11.2005, with a direction to the 1st respondent to consider the explanations submitted by the petitioners and pass appropriate orders within a period of one week from the date of receipt of the order and till such time, the petitioners shall not be evicted from their respective premises. It was also made clear that if any adverse orders are passed, it shall be open to the petitioners to prefer appeals before the Court of the Chief Judge, City Civil Court, Hyderabad, under Section 9 of the Act. Petitioners state that pursuant to the aforesaid orders of this Court, the 3rd respondent- Additional Commissioner (Estates) of the Corporation required them to appear before him on 25.11.2005 with relevant documents in support of their case and accordingly they have appeared before him and submitted their explanation, supported by documents. While so, it is their grievance that, without passing any final orders pursuant thereto as directed by this Court, the 3rd respondent addressed the impugned letters dated 18.04.2006, requiring them to pay the lease rent for the period of 19 years 11 months, at the rate of Rs.337.50 ps. per month, amounting to Rs.80,662.50 ps., within seven days from the date of receipt of the letters. It is also their grievance that the lease amount that was fixed at the time of granting lease is Rs.382.50 ps. per annum, but in the impugned letters, they were directed to pay an amount of Rs.337.50 ps. per month, which is exorbitant and unjustified. On 09.05.2006, while admitting the writ petition, this Court granted interim stay of all further proceedings in pursuance of the impugned letters including eviction of the petitioners from the subject property, on condition of the petitioners depositing the rent for twenty years, at the rate of Rs.382.50 ps. per year, within a period of four weeks. A detailed counter-affidavit is filed on behalf of the respondents, wherein, while reiterating the grounds for initiating action against the petitioners, it is stated that, pursuant to the directions of this Court in the earlier writ petition, the petitioners were provided opportunity of personal hearing and the petitioners attended the hearing, but did not put forth any documentary or oral evidence to support their case. It is further stated that, before taking further action and passing final orders in the matter, the petitioners have approached this Court and obtained interim stay. It is also stated that the petitioners were permitted to deposit the rent as per the interim orders of this Court. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents. It is the case of the petitioners that the respondents, without passing any final orders pursuant to the proceedings initiated against them under the Act, issued the impugned letters, directing them to pay the lease rent, which is exorbitant and far in excess of the lease rent that was fixed at the time of granting lease in their favour. As per the condition imposed by this Court while granting interim stay, they have paid the rent for twenty years at the rate of Rs.382.50 ps. per year. According to the respondents, before passing final orders in the matter pursuant to the earlier directions of this Court, the petitioners approached this Court and obtained interim stay, and in view thereof all further proceedings are stalled. In the circumstances, since the petitioners have deposited the rent amount as directed by this Court in the interim orders dated 09.05.2006 and further proceedings as regards the action initiated against them under the provisions of the Act are stalled in view of the said interim orders, without keeping the writ petition pending, I deem it appropriate to dispose it of, directing the respondents to pass final orders in the matter, in accordance with law, as expeditiously as possible. If any adverse orders are passed, the petitioners are at liberty to challenge the same in appropriate proceedings. The writ petition is accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA 26th July, 2010 IBL