STATE OF ANDHRA PRADESH Vs. GOVERDHANLAL PITTI

JUDGEMENT

(1.) This appeal has been preferred by the State of Andhra Pradesh and its authorities against the Division Bench judgment dated 22-7-1999 passed by the High Court of Andhra Pradesh in Writ Appeal No. 652 of 1999. The Division Bench upheld the order dated 29-12-1998 of the learned single Judge of the High Court.

(2.) On the basis of the facts and circumstances the High Court came to the conclusion that the acquisition of the school building with its appurtenant land by the State was an action liable to be quashed being malicious in law.

(3.) The school building which is in the heart of old the city of Hyderabad was in possession of the State as tenant of the respondent from the year 1954. In the year 1977, respondent/landlord approached the Rent Controller, Hyderabad for eviction of the State from school building on the ground that it had become dilapidated and required reconstruction. By order dated 15-12-1979, the Rent Controller, Hyderabad dismissed the eviction petition. The Additional Chief Judge, City Small Causes Hyderabad by its order made on 15-3-1989 in the appeal of the tenant granted eviction of the State from the school building. During pendency of appeal, the respondent/owner approached the High Court of Andhra Pradesh in Writ Petition No. 6487 of 1988 seeking early eviction of the State on the ground that the condition of the building was dangerous for the school. The High Court on 12-8-1988 allowed the Writ Petition and directed the State Government to vacate and hand over the possession of the school building to the owner within a specified period. The period of vacating the building by the State was later on extended upto 30-4-1989 on an alleged undertaking given by the State authorities to deliver the possession before the expiry of the extended period.