M NARASIMHACHARY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal is preferred against the order of B. P. Jeevan Reddy, J., Writ Petition No. 1813 of 1983 by which the learned Judge dismissed the writ petition. The petitioner in the writ petition is the appellant before us.

(2.) A portion of the building bearing No. 4-3-341 situated in Giriraj lane, Hyderabad, consisting of four rooms with bath and W.C. was allotted to the writ petitioner, a public servant, for his residential purpose in the year 1961 under section 3 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the 'Act'), The petitioner retired in the year 1967 from Government Service after attaining the age of superannuation But he continued to reside in the allotted building even after retirement. He d d not inform the Authorised Officer about his rstirement. He did not seek from the Authorised officer any extension of time to retain the building. It was brought to the notice of the Authorised Officer that the petitioner continued to occupy the allotted building even after his retirement without the permission of the Government and that his occupation was irregular and unauthorised. Therefore, a show cause notice was issued by the Authorised Officer on 26-10-1983 to the petitioner to show cause within a week from the date of receipt of the memo why action should not be taken to cancel his allotment and dispossess him summarily under the provisions of section 3 of the Act. A copy of the notice was also marked to the landlord. The petitioner gave his reply on 31-11-1983. In his reply, he admitted that he was an allottee of the building, that he retired from Government service and requested for grant of permission to continue in the building as he was not in a position to move about due to his ill-health and secure alternate accommodation. The landlord informed tnat he had no objection if the building is allotted to any other public servant. The Authorised Officer by his order dt. 8-12-1983 allotted the building to Smt. G. Pushpa, Senior Assistant, Government Mahaboobia Junior College, Gunloundry, Hyderabad, and directed the petitioner, the unauthorised occupant and ex-allottee, to handover the vacant possession to the allottee Smt. G. Pushpa within fifteen days from the date of receipt of the said order. The order further directed summary dispossession of the unauthorised occupant from the portion of the building if the unauthorised occupant did not voluntarily vacate the building within fifteen days from the date of receipt of the said order and hand over vacant possession to the allottee Smt. G. Pushpa, Aggrieved against this order, the petitioner filed the writ petition.

(3.) Before the learned single Judge, it was contended by the learned counsel for the petitioner that the Petitioner had retired as far back as 1967, and that the Government having failed to allot the building to another Government servant for nearly sixteen years could not validly exercise tha power under section 3 of the Act to summarily dispossess the pstitioner and allot it to another Government servant. The learned single Judge held that the petitioner, having been allotted the premises as a public servant, was not entitled to continue after retirement and that itself was sufficient to summarily evict the petitioner under section 3 of the Act.