YEDLA VENKATA SATYA APPALANARAYANA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition was filed seeking a writ of certiorari to call for the records and to quash the order passed by the third respondent in Proceeding Roc.No. 5022/90 A-l dated 23-11-1992 and issue consequential relief by granting remission under Rule 3(a) as per the representation made by the petitioner and pass such other order which is deemed fit and proper in the circumstances of the case.

(2.) It is submitted that the petitioner has taken on lease a lodge belonging to the Vizianagaram Municipality, situated in the bus stand, in the year 1981 for a period of five years at the rate of Rs. 814/- per month, and that the said lease was extended for a further period from 1-4-1986 to 31-3-1991 at the same rent through proceedings ROC No. 75 / 85 / A-1 and in the year 1986, when the lease was renewed, the petitioner made representation to 3rd and 4th respondents complaining that the lodge building is in very bad shape and that the roof concrete has fallen and is leaking during rainy season, that there is no municipal water supply to the said lodge and requested the authorities to repair the said building immediately, but the respondents have not attended to the complaint made by the petitioner. It is further submitted by the petitioner that he paid the rents regularly without any default. During the period of lease, the bus stand was shifted to a distance of 5 KMs. from the lodge and the entire business has come to a standstill as the lodge is situated faraway from the bus stand, that bringing this fact to the notice of the respondents, he made representation on 5-7-1990 for remission of rent from 1-12-1988 to 31-3-1991 the end of the lease period under Rule 3(a) of the Andhra Pradesh Municipalities Grant of Remission to Contractors and Lessees of Municipal Councils Rules, 1965 (for brevity the Rules), but since there was no response from the authorities, he made further representation on 19-12-1991 and 16-9-1992 and pending consideration of the same, the third respondent issued proceedings ROC No. 5022/90 A-l dated 23-11-1992 for collection of the due amount of Rs. 22,792/- with interest at 21/2% from the petitioner.

(3.) Assailing the correctness of the said proceedings, the present writ petition is filed contending that due to the shifting of the bus stand from the vicinity of the Lodge to a distance of 5 KMs. the petitioner has sustained loss, that the representations to consider for the grant of remission were not considered either by the Municipal Council or by the Government as per Rules, that in view of the sanction of an amount of Rs. 19,500/- by the Municipal Council to attend to the repairs of the Lodge Building establishes that the lodge is in very bad condition and therefore, the Municipal Council should have granted remission to the petitioner as claimed by him.