KRISHNAMURTHY N Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of Writ Petitions, the validity of the Government Order.G.O.Ms. No.56, Housing (HB2) Department dated 24-7-1997 (for short 'the impugned G.O.'), issued by the Governor of Andhra Pradesh in exercise of the power conferred upon him by Clause (6) of Section 2 of the Andhra Pradesh Housing Board Act, 1956 (for short 'the Act'), appointing all the Executive Engineers (Housing) within the jurisdiction of their respective divisions, to act as Competent Authorities for the purpose of evicting encroachments, determining the damages and passing such other orders incidental, consequential and ancillary to such eviction, in terms of the provisions contained in Sections 52 and 53 of the Act, is assailed. The Government of Andhra Pradesh by the same impugned G.O. has also appointed the Assistant Estate Officers within their respective jurisdiction to act as Competent Authorities for the purpose of recovery of dues and such other arrears as are liable to be paid by any person to the Andhra Pradesh Housing Board as arrears of land revenue in terms of the provisions contained in Section 52 of the Act. However, there is no challenge in any of these Writ Petitions to the appointment of Assistant Estate Officers as the Competent Authorities for the purpose of recovery of dues and, therefore, there is no need to review whether the appointment of the Assistant Estate Officers as Competent Authorities for the said purpose is valid and ultra vires of the Act or not.

(2.) Let me first state common facts in these writ petitions. The Management of the Andhra Pradesh Housing Board initiated eviction proceedings against the writ petitioners by filing petitions under Section 52 of the Act before the jurisdictional Executive Engineers (Housing) who are appointed by the Government of Andhra Pradesh as the Competent Authorities under the impugned G.O. The common contention of the writ petitioners as highlighted by their Counsel during the course of the arguments is that the impugned G.O. appointing the Executive Engineers (Housing) as the Competent Authorities for the purpose of evicting encroachments, etc., is ultra vires of the Act. If this contention of the learned Counsel for the petitioners is upheld, I do not find arty necessity to decide certain factual controversies brought before this Court by way of Miscellaneous Petitions during pendency of the writ petitions. In that view of the matter, let me first proceed to consider the above contention raised by the learned Counsel for the petitioners relating to validity of the impugned G.O.

(3.) The term "Competent Authority" is defined in Clause (6) of Section 2 of the Act and according to the definition, Competent Authority means any person authorised by the Government by notification in the Andhra Pradesh Gazette to perform the functions of the Competent Authority under Chapter VI for such areas as may be specified in the Notification.