SHAMPANT SUSHEELA BAI Vs. CHANDULAL T PARIKH

JUDGEMENT

(1.) This writ appea is against the decision of Obul Reddy, J (as he then was),in Writ Petition No. 21 of 1972. The first respondent therein is the appellant. The writ petition was filed to quash the proceedings in G.O. Ms. No. 933 of 1971 General Administration (Accommodation A) Department, dated 16th October, 1971, whereby the Government exempted the first respondent's buildings bearing No. 155 on the Rashtrapathi Road, Secunderabad in occupation of Respondent No.1 (in this appeal) from the provisions of section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.

(2.) The petitioner (first respondent) challenged the exemption on the ground that the Government was wrong in thinking that the provisions of the Act did not provide for moving the Rent Controller and that even in the case of non-residential building, the jurisdiction of the Rent Controller was not barred, provided a case was made out for eviction under the provisions of the Act. It was also contended that section 26 of the Act could not be invoked by the Government so as to defeat the very object of the Act. On the other hand, the appellant argued that there was nothing the Act which provided for moving the Rent Controller where the building happened to be both residential and non-residential one and therefore the Government was justified in granting exemption in exercise of its powers under section 26 of the Act.

(3.) Our learned brother allowed the writ petition following the decisions of the Supreme Court in Gopal Dass v. K. Baradwaj and Miss. S. Sanyal v. Gian Chand. In the former case, Gajendragadkar, J. (as he then was) observed :