G HARI HARAPRASAD Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) This is a petition for issuance of a writ of Mandamus declaring the proceedings of the 1st respondent in notice, dated 2-1-1982 and further proceedings pursuant to the same are void and in operative.

(2.) The averments in the affidavit in support of the writ petition may be briefly stated ; the petitioner is owner of the building bearing No. 1-8-508 situate at Chikkadapalli, Hyderabad. The building was constructed in 1916 and portions bearing No.B3-B-7 and B-5 were leased out to tenants on monthly basis. The tenants have been consistently defaulting in payment of rents. The petitioner is informed that the portion No. B-7 was vacated by the tenant and was handed over to the tenant in portion No. B-5. Thereupon the petitioner obtained possession of the premises on 1-1-82. Thereafter the tenant in occupation of premises B-3 also ceased to occupy the premises and the petitioner obtained possession of the said premises on 1-1-1982. The 1st respondent sent notice dated 2-1-1982 stating that the intimation of the vecancy of the premises B-3 and B-7 has not been given to the Accomodation Controller under Sec.3(1)( a) of the Rent Control Act and the petitioner is directed to show cause within a week from the date of receipt of notice why action should not be taken for prosecution. The petitioner made a representation dated 16-1-1982 and sought for the release of the premises. The 1st respondent by order dated 3-5-1982 rejected the request for release of the premises and alloted the premises to some Government servants. The order dated 3-5-1982, assailed in this writ petition.

(3.) The learned counsel for the petitioner Sri Lohita contended that the order is not a speaking order and the representation dated 16-1-1982 amounts to notice and the allotment made on 2-5-1982 beyond 15 days from such representation is illegal and the premises should have been released in view of the necessities set out in the representation. It is necessary to get at Sec: 3(3) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 which is as follows: