Telangana High Court
Weld Mech vs Telangana Agro Industrial Developmenr ... on 27 February, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.6591 OF 2018
ORDER:
Heard Sri S. Ashok Anand Kumar, learned counsel appearing on behalf of the petitioners and Smt. K. Kalpana, learned Standing Counsel appearing on behalf of respondents.
2. The petitioners approached the Court seeking prayer as under:
" ...to issue a Writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the impugned Proceedings No.RM/HYD/ CWS RENTS/ESTT/2O17-18, dated 06.09.2017 of the 3rd Respondent and oral threats given from by the officials of the 1st Respondent as arbitrary, illegal, contrary to the principles of Natural Justice and Articles 14 & 21 of the Constitution of India and consequently set aside the Proceedings dated 06.09.2017 of the Respondents and take any decision to vacate the existing lessees only after giving an opportunity to the Writ Petitioners and direct the Respondents not to evict the Petitioners, except in accordance with law and pass...".
SN, J 2 WP_6591_2018
3. The case of the petitioners, in brief, is that the petitioners were allotted Industrial Sheds by the respondents and the petitioners have raised loans from banks. The 3rd respondent issued proceedings dated 06.09.2017 informing that the 1st respondent is planning to develop the premises by setting up new Agricultural implements and machinery manufacturing units and in this regard the management has decided to vacate all the lessees. The 2nd respondent refused to receive the rents from petitioner Nos.1 and 3. Aggrieved by the same, the petitioners approached the Court by filing the present writ petition.
4. This Court vide its order dated 06.03.2018 passed interim order in favour of the petitioners in I.A. No. 1 of 2018 observing as under:
"There shall be interim direction to the respondents not to take any further coercive action against the petitioners subject to their depositing the arrears of rent, as intimated by the respondents, within a period of two weeks from today. It is made clear that if the payment is not made within the time stipulated above, the SN, J 3 WP_6591_2018 respondents shall be at liberty to take action in accordance with law. As it is the allegation of the respondents that some of the petitioners had sub-leased the property, the respondents are at liberty to issue notice and take action in accordance with law".
5. Smt. K. Kalpana, learned Standing Counsel appearing on behalf of the respondents submits that the writ petition could be disposed of by virtue of interim order of this Court dated 06.03.2018 passed in I.A. No.1 of 2018 with an observation that the respondents are at liberty to proceed against the petitioners in accordance to law, as per the provisions of the Telangana Public Premises (Eviction of Unauthorized Occupants) Act, 1968.
6. The learned counsel appearing on behalf of the petitioners does not dispute the said submissions made by the learned Standing Counsel appearing on behalf of respondents.
7. Taking into consideration :
(a) The aforesaid facts and circumstances of the case, SN, J 4 WP_6591_2018
(b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Standing Counsel appearing on behalf of respondents,
(c) The interim order of this Court dated 06.03.2018 passed in I.A. No. 1 of 2018 which is in force as on date, The writ petition is disposed of in terms of the interim order of this Court dated 06.03.2018 passed in I.A. No. 1 of 2018 with a clear observation that the respondents are at liberty to take action in accordance to law, as per the provisions of the Telangana Public Premises (Eviction of Unauthorized Occupants) Act, 1968. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 27.02.2025 Skj