IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE TENTH DAY OF TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16559 of 2002 Between: C.Rojamma, W/o: Sri.K.Golla Reddy, Gooty, Karnool District. ..... PETITIONER AND 1 Commissioner of Commercial Taxes, Office situated opp.Exhibition Grounds, Nampally, Hyderabad. 2 Commercial Tax Officer, Gooty Circle, Kurnool District. 3 Deputy Commercial Tax Officer, Gooty Circle, Karnool District. .....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 issue a writ order or orders more particularly one in the nature of Writ of Certiorari declaring the action of the 1st Respondent in so far as issuing Proceedings bearing No. CCT's Ref:No.G2/1241/2001 dated 18.07.2001 without providing me with any opportunity of being heard; as amounting to highly arbitrary, illegal and unconsitutional and consequently to call for the records pertaining to file reference No.CCT's Ref.No.G2/1241/2001 dated 18.07.2001 and quash the said proceedings and pass such other order or orders as may be deemed fit and proper in the interest of justice. Counsel for the Petitioner:MR.GOPALA KRISHNA KALANIDHI Counsel for the Respondent No.: GP FOR COMMERCIAL TAX The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.16559 OF 2002 ORAL ORDER The petitioner herein claims to be the absolute owner of house bearing No.1-498 situated within the area of jurisdiction of Gooty Gram Panchayat. The said premises was let out to the Department of Commercial Taxes for locating the office of the respondents 2 and 3 on a monthly rent of Rs.4,470/-. To that effect proceedings dated.10-06-1999 were issued by the 1st respondent and accordingly rents were paid up to April-2000. However, from May-2000 onwards the respondents stopped the payment of rent in spite of several requests made by the petitioner. On the other hand the 1st respondent by proceedings dated.18.07.2001 cancelled the earlier proceedings dated.10.06.1999 and revised the rent for the premises in question @ Rs.1,387/- per month w.e.f.15-03-1999 for a period of two years i.e., up to 14-03-2001 and thereafter @ Rs.1,456/- per month for a period of two years or so long as the tenancy continues which ever is earlier. Aggrieved by the said action of the 1st respondent this writ petition is filed contending inter alia that the reduction of rent from Rs.4,470/- to Rs.1,387/- without assigning any reasons and without giving any opportunity to the petitioner to make her representation is arbitrary and illegal. I have heard the learned counsel for the petitioner. Despite notice the respondents failed to appear and no counter-affidavit has been filed on their behalf. The proceedings of the 1st respondent dated.10-06-1999 shows that sanction was accorded for payment of rents to the building of the petitioner @ Rs.4,470/- w.e.f.15-03-1999 for a period of two years or so long as the tenancy continues which ever is earlier. The specific case of the petitioner that pursuant to the said order rents were paid @ Rs.4,470/- per month till April,2000 has not been contraverted by the respondents. The impugned order dated.18-07-2001 shows that earlier order dated.10- 06-1999 was revised by the 1st respondent unilaterally and the rent fixed earlier @ Rs.4.470/- was reduced to Rs.1,387/-. Admittedly there was no opportunity to the petitioner before taking such decision and the impugned order did not reflect any reasons for such reduction of the rent fixed earlier. In the circumstances on the face of it the impugned order being arbitrary and illegal is liable to be set aside. Accordingly the said order dated.18-07-2001 is hereby set aside and the writ petition is disposed of with a direction to the respondent No.1 to pass appropriate order afresh after issuing a notice to the petitioner giving an opportunity to make her representation against the proposed reduction of rent fixed under the proceedings dated.10-06-1999. Such exercise shall be completed as expeditiously as possible preferably with in a period of eight(8) weeks from the date of receipt of a copy of this Order. No costs. _____________ G.ROHINI,J 10th December,2008 *TSNR