S.M.MARULASIDDAPPA Vs. ADDL.CHIEF SECRETARY

JUDGEMENT

(1.) Petitioners have approached this court seeking a direction to respondents to consider his representations dtd. 3/9/2020 at Annexures 'W' & 'X' and for payment of the rental dues quantified at Rs.14,81,834.00 and Rs.12,89,367.00 with interest.

(2.) Learned counsel for the Petitioners argues that in the said representations, delivery of possession of the property back by handing the key was sought for since the Respondents only pleaded as to they having vacated the premises without doing it. Learned counsel also argues that the Respondents being the officials of the government answer the description of State under Article 12 of the Constitution and therefore, they have to respect constitutional right to property that is enshrined under Article 300A. It hardly needs to be stated that right to receive the rent accruing from the property is an incidence of this right to property. So arguing, he seeks allowing of the Writ Petition.

(3.) Learned AGA appearing for the Respondents vehemently opposes the petition contending that the entire pleadings are structured on the basis of the contract of lease and therefore, Petitioners should be relegated to the civil remedy. At the same time, he hastens to add that the key of the property has already been handed on 7/9/2021 pursuant to order dtd. 3/9/2021 and therefore, for the rest of the grievance, the Petitioners can approach the civil court. So contending, he seeks dismissal of the Writ Petition.