IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11545 of 2001 Between: V. Radhakrishna Murthy S/o. Sri Ramulu R/o. Plot no. 49, Sripuram Colony, Malakpet, Hyderabad. ..... PETITIONER AND 1 The Secretary to Government, Health,Medical & F & W(J1 Dept), A.P. Secretariat, Hyderabad. 2 Director of Health, A.P., Koti, Hyderabad. 3 Zonal Officer (Malaria), Plot No.49, Sripuram Colony, Malkpet, 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 may be pleased to issue a writ, order or direction preferably Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondent in reducing the rent drastically to Rs. 1890/- through the Impugned Order in GOMS No.872, dated 6.7.2000 of Medical & Health and Family Welfare (J1) Dept., contrary to the proposal given by the Director of Health through Lr.No.5227/21(D)/98, dated 27.7.99 as bad, arbitrary, willful and capricious being violative of Article 14 of the Constitution of India. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11545 of 2001 ORDER: Petitioner, who is aged about 68 years in the year 2001 and now aged about 75 years, is the owner of the premises bearing Door No. 16-11- 16/49 situated at Sripuram Colony, Hyderabad, and he leased out the said premises to Zonal office, (Malaria), Hyderabad. It is stated that the rent of the said building was enhancing from time to time as per the rules periodically prevailing in force, and it was enhanced from Rs.1,600/- to Rs.1,800/- per month vide Government Memo No.1093/Accom.A2/89.3, dated 08-10-1990. As the said building is required for his personal occupation, the petitioner did not apply for enhancement of the rent and insisted the 3rd respondent to vacate and handover the said premises, but the 3rd respondent did not vacate and, therefore, the petitioner applied for enhancement of the rent on 30-11- 1996 requesting the Government to fix the rent at the rate of Rs.2,500/- per month. It is stated that with regard to fixation of rent for the private buildings taken on lease by the Government, the Government issued orders prescribing certain guidelines in G.O.Ms.No.35, dated 27-02-1997. As per clause 2.2 of the said G.O., the rent is fixed upto Rs.5/- per sq. feet in respect of the buildings situated in the Municipal Corporation of Hyderabad and Secunderabad, and there shall be escalation of 5% on every two years thereafter. Accordingly, the petitioner made an application to fix the rent as per the orders of the Government in G.O.Ms.No.35, dated 27-02-1997, and pursuant to the said application, the Director of Health, Hyderabad, vide his letter No.5227/87(D)/98, dated 27-07-1999, after conducting enquiry, sent proposals in terms of G.O.Ms.No.35, dated 27-02-1997, for fixation of the rent from 01-03-1997 to 29-02-1999 at the rate of Rs.4,035/- per month and from 01-03-1999 to 29-02-2000 at the rate of Rs.4,236/- per month. But, however, the Government did not accept the said proposal and fixed the rent at the rate of Rs.1,800/- per month from 30-11-1996 to 28-02-1997 and Rs.1,890/- per month from 01-03-1997 to 29-02-2000, through its order in G.O.Rt.No.872, dated 06-07-2000. The Government did not indicate any reasons for not accepting the proposal of the Director of Health, Hyderabad, dated 27-07- 1999. Therefore, this writ petition has been filed questioning the order of the Government in G.O.Rt.No.872, dated 06-07-2000. I am of the opinion that when the Government issued guidelines in G.O.Ms.No.35, dated 27-02-1997, for modification and rationalization of the present system of selection and fixation of rent for the private buildings taken on lease by the Government Departments, there cannot be any justification on the part of the 1st respondent to deviate the guiding principles issued in G.O.Ms.No.35, dated 27-02-1997. Learned Government Pleader appearing for the respondents submits that as per the orders of the Government in G.O.Ms.No.35, dated 27-02-1997, the head of the Department has been given power to fix the house rent following the guidelines, but in the instant case, the petitioner being the owner of the house, has given willingness to accept whatever the rent fixed by the Government and, therefore, he cannot question the impugned order of the Government. I am unable to accept the said contention because the Government have to follow the general guidelines issued in G.O.Ms.No.35, dated 27-02- 1997, unless the said order is modified or rescinded or cancelled. As long as the said order is in existence, the Government cannot deviate rational system prescribed by it for fixation of the rent. Therefore, I am of the opinion that the impugned order passed by the Government in G.O.Rt.No.872, dated 06-07- 2000, fixing the rent, contrary to the proposal sent by the Director of Health, Hyderabad, which is in conformity with the order of the Government in G.O.Ms.No.35, dated 27-02-1997, is illegal and unsustainable and therefore, the same is liable to be set aside. Accordingly, the writ petition is allowed setting aside the impugned order of the Government in G.O.Rt.No.872, dated 06-07-2000, and the 1st respondent is directed to pass appropriate orders afresh, in the light of the proposals sent by the Director of Health, Hyderabad, vide his letter, dated 27- 07-1999, in accordance with the guidelines issued by the Government in G.O.Ms.No.35, dated 27-07-1999, fixing the rent with effect from 01- 03-1997 onwards. The said exercise shall be completed by the 1st respondent within four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ___________ 24-07-2008 Note: Issue C.C. in one week (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VEENA}