HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.3201 of 2006 Date: September 04, 2014 Between:
1. Torrikonda Ramesh & 73 others … Petitioners And
1. The District Collector, Karimnagar District & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.3201 of 2006 O R D E R:
Heard learned counsel for the petitioners and learned Government Pleader for the respondents.
2. The petitioners are doing petty business since 1997 in Sultanabad Village and Mandal, Karimnagar District. When the Government took road widening programme, the shops in which the petitioners were doing business were removed in the year 1997. The first respondent thereafter accorded administrative sanction to construct shopping complex within the R & B premises, Sultanabad, and the shopping complex was constructed in order to rehabilitate the persons affected by road widening. Some mulgies were allotted to the petitioners by way of lottery in the presence of Revenue Divisional Officer, Peddapally. The petitioners were rehabilitated in the month of November, 1999 and they were directed to pay nominal rent of Rs.55/- for big shutters and Rs.20/- for half shutters for a period of five years. They were also directed to enter into an agreement. Till today no agreement was entered. While so, the petitioners submitted representation to respondents 1 and 2 stating that the shutters were constructed with the contribution made by the petitioners on the land belonging to R & B Department and requested them to collect only nominal rent. When no orders were passed on the said representation, the present writ petition was filed.
3. A counter-affidavit is filed by the respondents admitting the averments in the writ petition, however stating that the petitioners gave their consent for payment of nominal rent initially and market related rent to be fixed by the Government at a later point of time. They also stated that at the time of occupation of mulgies they were asked to enter into a lease agreement, but they did not come forward and they have not been paying any rent.
4. This Court, by order dated 12.03.2007, directed the petitioners to pay the arrears, if any, @ Rs.55/- for big shop and @ Rs.20/- for small shop up to 31.12.2006 and from 01.01.2007 onwards they were liable to pay rents @ Rs.200/- for big shop and @ Rs.100/- for small shop until further orders. The said order has been in operation till today. Thereafter, no proceedings were issued by the respondents fixing the rent. Hence, determining the issue of payment of rent by the petitioners at this stage would be pre-mature.
5. Accordingly the petitioners are given liberty to approach this Court as and when market related rent is fixed and demanded by the respondents.
6. With the above observation, the writ petition is closed. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 04, 2014 BSB
24 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.3201 of 2006 Date: September 04, 2014 BSB