NARENDRA KUMAR Vs. CHIEF SECRETARY

JUDGEMENT

(1.) The petitioner is raising in this writ petition the jurisdictional point of the appellate authority under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (15 of 1960) for the short, "the Act", to condone the delay in bringing the legal representatives on record. The grounds on which the contention is based are : (i) Under Sec. 30 of the Act, there is power to make rules to bring the Legal representatives on record and there is no power expressly conferred on the rule making authority to prescribe the period of limitation, whereas Rule 19 (2) of the Rules made under the Act, provides power to condone the delay. Therefore, it is in excess of rule making power and (ii) the Rules Lave not been made on the floor ot the house.

(2.) Sec. 30 (4) of the Act postulates that all the rules made under the Act shall be laid on the floor of the State Legislature but in this case the rules have not been laid. Therefore, the rules are ineffective and they cannot be enforced.

(3.) I am unable to agree with either of the contentions. Sec. 30 (1) (e) empowers the Government to make rules by notification published in the A. P. Gazette to carry out the purpose of this Act. One of the purposes as adumbrated in Clause (1) (e) is : "(e) Application for making legal representatives of deceased persons, parties to proceedings under this Act and time within which such applications shall be prejerred. (Emphasis supplied)