P ANJAMMA Vs. NIROOL KUMAR PRASAD

JUDGEMENT

(1.) This Contempt case is filed alleging willful disobedience of the order of this Court dated 16-9-2011 in W.P.N.25953/2011.The brief facts leading to the filing of the case are stated hereunder:

(2.) The petitioners further averred that the original allottees authorized the tenants to pay the rent and carry on business; that on 8-11-2010 a notice was given enhancing the rent and informing the petitioners that they can make representations against the proposed enhancement and that the enhanced rents were paid. It was also averred that respondent No. 2 has again issued letter dated 3-1-2011 proposing to increase the rent from Rs.765/- to Rs.1148/- with effect from 1-4-2011 calling upon the petitioners to give their willingness to pay the enhanced rent and enter into fresh rental deeds failing which they have to vacate and handover the shops within one month. It was further averred that for non-acceptance of the proposal for enhancement of rent, eviction orders were passed on 17-5-2011. The petitioners further pleaded that by notice dated 2-9-2011, huge amount of arrears were demanded and that till 31-8-2011 there were no arrears. The petitioners gave details of the arrears of rents they have paid upto August 2011. It was further pleaded that respondent No. 4 arbitrarily seized the shops and locked all the premises on 20-8-2011 and that on 22-8-2011, the petitioners requested respondent No. 4 to open the locks and handover the premises to them, but the said request was not accepted. The petitioners have seriously disputed their liability to pay huge amounts towards the purported arrears. The petitioners also referred to filing of W.P. No. 1732/2011 by some other tenants who are 12 in number the fact of and disposal of the said Writ Petition by this Court with the direction to the petitioners therein to pay the arrears failing which it shall be open to the respondents to evict them without initiating further proceedings.

(3.) W.P. No. 25953/2011 came up for admission and consideration of interlocutory application on 16-9-2011. On that day, Sri M. Brahma Reddy, learned Standing Counsel who has taken notice for the APHB and its officials has sought for time for filing counter affidavit. This Court, on the basis of the averments contained in the petitioners' affidavit passed the following order: