THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35513 of 2014 Dated: 21.11.2014 Between:
Smt G. Lakshmi Bai .. Petitioner and The State of Telangana, Rep. by its Principal Secretary, Irrigation and CAD (PW) Department, Hyderabad, and others.
.. Respondents Counsel for the petitioner: Mr. Ch. Ravinder Counsel for the respondents: A.G.P. for Irrigation & CAD The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of respondents 2 to 5 in not accepting the arrears of rent in respect of quarter bearing No.B-670 situated at Hill Colony, Nagarjunasagar, Nalgonda District, and not re-delivering the possession of the said quarter to the petitioner, as illegal and arbitrary. The petitioner sought for a consequential direction to respondents 2 to 5 to accept the arrears of rent and re-deliver the possession of the quarter to her.
The petitioner was allotted a ‘B’ type quarter bearing the abovementioned door number, in the year 1983. As the petitioner committed default in payment of rents, respondent No.5 has issued repeated notices calling upon her to pay the rents. As the rents were not paid, possession of the quarter was evidently recovered by placing all the petitioner’s articles in one room. The quarter appeared to have been allotted to one Sri B. Baleswar, Office Subordinate of Chief Engineer, N.S. Project, Hill Colony, on 12.11.2012, and the said allottee has not occupied the said quarter. Through notice dated 25.10.2014, respondent No.5 has called upon the petitioner to pay the arrears of Rs.61,512/- on or before 10.11.2014, failing which penal interest was directed to be levied besides cancellation of allotment. The petitioner pleaded that immediately on receipt of the said notice, she has approached respondent No.3 with a representation on 30.10.2014, expressing her willingness to pay the arrears of rent with a request to handover possession of the quarter. Respondent No.3, in turn, has addressed letter No.A8/EE/DMD/HC/2014-15/301SE dated 14.11.2014 to respondent No.2, whereunder he has forwarded the said request to the said respondent. As no further action was taken by respondent No.2, the petitioner has filed this writ petition.
A perusal of the notice dated 25.10.2014 shows that the petitioner was given an opportunity to pay the arrears of rent of Rs.61,512/- on or before 10.11.2014, while informing her that if she fails to pay the arrears, the allotment will be cancelled and amenities such as electricity and water will be discontinued. The letter dated 14.11.2014 addressed by respondent No.3 to respondent No.2 will prove that on 30.10.2014, the petitioner has expressed her willingness to pay the arrears. On these uncontroverted facts, I am of the opinion that the respondents should accept the offer of the petitioner made in response to the notice dated 25.10.2014 of respondent No.5 and restore her possession.
Accordingly, respondents 2 to 5 are directed to receive the sum of Rs.61,512/- from the petitioner within one week from the date of receipt of this order and restore her possession of the quarters. These respondents are, however, given liberty to evict the petitioner, if she fails to pay the monthly rents within time in future.
Subject to the above direction and liberty, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.Nos.44424 and 44425 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 21st November, 2014 IBL