JOINT SECRETARY TO GOVERNMENT HOME DEPARTMENT GOVERNMENT OF ANDHRA PRADESH Vs. MIRZA MOHAMMED TAQU KHAN

JUDGEMENT

(1.) This is an appeal from the order of our learned brother Chinnappa Reddy, J., given in W.P. No. 658 of 1969 on 3rd December, 1969 whereby the learned Judge allowed the petition and quashed the impugned memo.

(2.) The facts in outline are that the petitioner-respondent herein, is the owner of a building bearing No. 11-4-641 situated at Saifabad, Hyderabad. It fell vacant somewhere in December, 1966. The Accommodation Controller made an order of allotment on 30th December, 1966. It wasallotted to the District Supply Officer, Hyderabad. There, however, was no agreement in regard to the rent payable for the building. The landlord therefore, wanted fair rent to be fixed. The Accommodation Controller, who acts as a Controller in that behalf, by his order, dated 27th February, 1968 fixed the fair rent at Rs. 350. By an earlier order, dated 15th May, 1967, he had fixed the reasonable rent at Rs. 300. After the fair rent was fixed, the Government paid the petitioner at that rate from 30th December, 1966 onwards.

(3.) While the matter stood thus, suddenly on 2nd August, 1968 the Accommodation Controller without disclosing any reason passed the impugned order stating that the order fixing fair rent at Rs. 350 per month would be effective from the date of the order, i.e., from 27th February, 1968. Consequently the amount of Rs. 50 per month which was according to the Controller overpaid was being deducted from the rent payable to the landlord. The said memo, was attached in the writ petition.