IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25679 of 2002 Between: S. Janardhan Rao ..... Petitioner AND The Estate Officer, Municipal Corporation of Hyderabad, Lower Tank Bund, Basheerbagh, Hyderabad. .....Respondent Counsel for the petitioner : Sri Damodar Mundra Counsel for the respondent : Sri Sashidaran Nair for Sri R. Ramachandra Reddy This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25679 of 2002 ORDER:- This writ petition is filed for a Writ of Mandamus to direct the respondent – Corporation to execute the sale deed in respect of quarter No.39 in pursuance of allotment No.919 dated 18.07.1977. Heard Sri Damodar Mundra, learned counsel for the petitioner and Sri Sashidaran Nair representing Sri Ramchandra Reddy, learned Standing counsel for the respondent. The petitioner, who claims to be a railway employee, was allotted a quarter bearing No.39 of Middle Income Group No.EWS II at Parsigutta, Hyderabad vide allotment No.919 dated 18.07.1977. He claims that possession was delivered to him by the respondent - Corporation on 26.08.1977. The petitioner averred that the allotment was on lease-cum-sale basis and as per the scheme of the respondent-Corporation, the lease amount has to be paid every year for a period of 18 years. The petitioner further averred that as he was working in the night shifts, he shifted to a rented house near Lalaguda handing over the possession of his quarter to his brother-in-law Mr.Rajamouli. The petitioner further averred that when he sought for eviction of his brother-in-law, to his surprise, he found one Mr.K.D.Peter in occupation of the said quarter. The grievance of the petitioner is that though he has been pursuing with the respondent-Corporation to register the quarter in his name after letting him know of the arrears of the instalments and receiving payment from him, the Corporation has not been taking any action. In the counter-affidavit filed by the Estate Officer of the Corporation, it is inter alia admitted that the petitioner was allotted with Quarter No.39 on lease-cum-sale basis, that the petitioner executed the lease-cum-sale agreement on 19.08.1977, the possession of the quarter was delivered to him at that time and that the petitioner having paid Rs.3,980/- on 27.12.1989, Rs.1,325/- on 12.12.1990, Rs.3,034/- on 28.01.1993, Rs.3,034/- on 05.11.1996 and Rs.1,517/- on 13.11.1996, committed default in payment of further instalments. It is further averred that when the Corporation received a representation from the petitioner in the year 1991, wherein it was stated that he was ready to get his quarter registered and requested the Corporation to inform about the amount due, the matter was referred to the Market Inspector, who, on inspecting the quarter, submitted a report on 25.12.1991 to the effect that the petitioner is not residing in the said quarter and one Mr. K.D.Peter is residing therein. He further stated that in response to notice dated 04.06.1992 issued by the respondent, the petitioner replied almost three years thereafter stating that he has not sublet the quarter to anyone and that on his transfer, he inducted his family friend Mr. Peter to stay in the quarter for free to protect the same from thieves. It is further averred that on 15.11.1995, a letter was addressed to the petitioner to submit copies of challans showing payment of instalments and stamp papers and also requested him to personally attend the office of the respondent on 05.12.1995 and that the said letter was received by Mr. Peter on 18.09.2002 seeking information regarding the arrears of instalments and that thereupon the Market Inspector of the Corporation submitted report dated 06.02.2003 once again stating that Mr. K.D.Peter has been residing in the quarter since March, 1978 and that the enquiries of the Market Inspector made with the wife of the said K.D.Peter revealed that money was paid by them to one Mr. Rajamouli, the brother-in-law of the petitioner. On the above pleaded facts, the Corporation has taken the stand that by selling the quarter to a third party without notice to it, the petitioner clearly violated condition No.21(1) of the lease-cum- sale agreement. The fact that the quarter was allotted to the petitioner under sale-cum-lease basis and he made certain payments towards the said allotment is admitted by the respondent. As noted above, the reason for refusal of the Corporation to register the quarter is that by selling the quarter to a third party without prior permission of the Corporation, the petitioner violated the terms and conditions of the allotment. Neither the Corporation issued a formal notice to the petitioner on the alleged violation of conditions by him nor the allotment made in his favour was cancelled. If the petitioner has violated the terms and conditions of the allotment, as pleaded by the respondent, it shall be open to the Corporation to take appropriate steps for cancellation of allotment. The respondent Corporation cannot keep silent without either registering the property in favour of the petitioner or cancelling the allotment on the ground of alleged violation of the terms and conditions. On the above premises, the writ petition is disposed of in the following terms. 1) The petitioner is permitted to make a detailed representation to the respondent Corporation within a period of four weeks from today. If such representation is received by the respondent within the stipulated time, it shall consider the same and pass a detailed order, after giving an opportunity of personal hearing to the petitioner and communicate the same to the petitioner within a period of three months from the date of receipt of a copy of the representation, and 2) If the petitioner feels aggrieved by the order to be passed by the respondent, he shall be free to avail such remedies as are available to him in law. ____________________________ C.V.NAGARJUNA REDDY, J Date: 05.03.2009 ES