RIAZUR RAHMAN Vs. VENKATERATNAM

JUDGEMENT

(1.) This Revision petition arises under the A.P. Buildings (Lease, Rent and Eviction) Control Act at the instance of the landlord. The petition is field under Sec. 14 (3) of the Rent Control Act for a direction to the landlord to restore the electricity service connection which was dismantled arbitrarily. This petition was resisted by the landlord on the ground that the Rent Controller has no jurisdiction to entertain the application as the building was constructed in the year 1980, and it was also contended that it was dismantled by the officials of the State Electricity Board as per Rules and the landlord can not be compelled to supply electrical energy to the petitioner a* it is beyond his control. The Rent Controller found that he had jurisdiction to entertain the petition and the disconnection of the electricity was illegal and arbitrary and in this view allowed the petition. On appeal, it was held that in view of striking down of Section 32 (b) of the Rent Control Act by the Supreme Court the Rent Control Act is applicable and the order of the Rent Controller directing restoration of electricity is confirmed.

(2.) The learned counsel for the petitioner contended that G.O.Ms. No 636 dated 2-1-1984 under Sec. 26 of the Act exempting all buildings for a period of ten years from the date on which their construction is completed covers the period anterior to the date of issue of G.O. as well as subsequent to the same.The learned counsel for the respondent sought to sustain the order on the ground that the G.O. is concerned with the span of ten years from the date of the issue of GO and in any event the Government by issue of notifications not empowered to give retrospective operation.

(3.) The G.O. which controls the decision is as follows :- G.O. Ms. No. 636, General Administration (Accommodation-A) Department. 29th December, 1983 In exercise of the powers conferred by Section 26 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (Andhra Pradesh Act XV of 1960) the Governor of Andhra Pradesh hereby exempts with effect on and from 26th October, 1983 from the operation of the provisions of the said Act- (a) all buildings for a period of ten years from the date on which their construction is completed ; and (b) buildings the monthly rent of which exceeds rupees one thousand. The G.O. is an inevitable sequel to the decision of the Supreme Court in Motor General Traders vs. State of A.P. (1) AIR 1984 S.C. 121 wherein it is held that Sec. 32 (b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 exempting all buildings constructed on or after 26th August, 1957 from the operation of the Act is in breach of Article 14 of the Constitution. It is necessary to recapitulate the ratio propounded by the Supreme Court and it is held as follows at page 126.