YOUSUF AND COMPANY, REP. BY ITS PARTNER SRI MOHD. MEHAMOOD, Vs. GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,SECRETARIAT,

JUDGEMENT

(1.) This writ petition is filed to call for records pertaining to order dt.26.03.2010 of 1st respondent in letter No.3981/IF-Cell/A1/2008-20, confirming the order dt.16.06.2007 of 2nd respondent in proceeding No.13/1/2004/0035/FD, to quash the same by issuing a Writ of Certiorari, consequently direct 1st respondent to grant a fresh lease/convert leasehold rights of petitioner in plot Nos.14/1 and 24/2 of Azamabad Industrial Area, Musheerabad, Hyderabad into freehold and restore possession of the said plots to petitioner to enable it to carry on industrial activity therein.

(2.) The petitioner is a partnership firm incorporated with the object of conducting industry in Dyeing and Printing of Cloth and allied activities. In 1936, the then Hyderabad Government had conducted sale of plots for industrial purpose in Azamabad Industrial Area, Hyderabad. The petitioner responded to the same and purchased plot Nos.14/1 and 24/2 totally admeasuring Ac.2.366 gts. therein on payment of consideration of Rs.4,732/- on 05.03.1943. Although petitioner was given possession of the said plots, no registered sale deed was executed in it's favour. As the petitioner was in possession of the said plots, in 1965 it approached the 1st respondent and sought registration of the sale deeds for the said plots. But 1st respondent executed a registered lease deed dt.01.09.1965 with the petitioner for a tenure of 99 years on yearly rent of Rs.50.70ps. in respect of the said plots.

(3.) Subsequently, 1st respondent issued show cause notice dt.17.12.1984 proposing to cancel the lease granted to petitioner on the ground that it had violated certain terms and conditions of the registered lease. The petitioner submitted explanation to the said show cause notice. Vide G.O.Ms.No.89, dt.18.02.1985, the 1st respondent terminated lease of petitioner on the ground that it had contravened certain terms and conditions of the lease deed.