LAWS(SC)-2012-10-61

USHA MEHTA Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On October 16, 2012
USHA MEHTA Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of the Andhra Pradesh High Court whereby the writ appeal filed by the appellant was dismissed and the order passed by the learned Single Judge declining to interfere with the decision taken by the State Government not to regularize the lease deed executed in her favour in respect of land measuring 413 sq. yards was upheld.

(2.) On an application made by the appellant, the land in question is said to have been leased out to her vide deed dated 10.1.1972 prepared by Venkat Rao, the then Inspector employed in the office of the Estate Officer, Secunderabad in the name of the Revenue Secretary of the State. After getting the lease deed, the appellant applied for permission to raise construction. The Municipal Corporation of Hyderabad refused to grant permission on the ground that the land was earmarked for road and the lease deed executed in favour of the appellant appeared to be fictitious. Thereupon, the appellant approached District Collector and other functionaries of the Government, who recommended regularization of the lease. However, vide memo dated 16.11.1988, the State Government finally rejected the representation of the appellant. That memo reads as under: <FRM>JUDGEMENT_524_TLPRE0_2012_1.html</FRM>

(3.) The appellant challenged the decision of the State Government in Writ Petition No. 17494 of 1988 which was disposed of by the learned Single Judge of the High Court vide order dated 12.03.1991 with a direction to the State Government to pass appropriate order after hearing the appellant and respondent Nos. 4 to 6. The relevant portions of that order are reproduced below: