HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.A. No. 946 of 2014 Date: 13.06.2014 Between:
The Agricultural Market Committee, Bangarupalyam V & M, Chittoor Dist. rep. its Secretary.
… Appellant And 1. V. Abdulsaheb and others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR Writ Appeal No.946 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard the learned counsel for the parties.
It appears from the records whether the appellate authority has fixed the rate of rent to be collected from the occupants, after giving a hearing. It can be found that a sum of Rs.9,000/- per annum is collected from 2011 as rent of the sheds. It is claimed by the writ petitioner that it is rate of rent fixed. However, it is the contention of the respondents that it is not the rent fixed and the payment realized from the occupants is on ad hoc basis. But this contention is not supported by any document of the appellant.
In the aforesaid background, we feel that the learned Single Judge has passed just and correct order for fixation of the rent for use of the sheds after giving a hearing. However, we clarify that the Government orders asked to be relied on in the impugned judgment should not be relied on. The authority concerned upon hearing the parties will take a decision objectively taking into consideration of the market forces.
The appeal is accordingly disposed of.
Miscellaneous petitions, if any, pending in this appeal shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Dt.13.06.2014 GBS