NAVRANG CO Vs. CHAIRMAN A P HOUSING BOARD

JUDGEMENT

(1.) In this Writ Petition questions of far reaching importance relating to the user of two Community Halls in the city of Hyderabad namely Mehdipatnam Community Hall and Potti Sriramulunagar Community Hall are raised by the petitioners. The two halls are constructed and owned by the Andhra Pradesh Housing Board, a local authority incorporated under the Andhra Pradesh Housing Board Act 46 of 1956. The users of the balls are the general public who have to observe the conditions prescribed by the Housing Board in their resolution passed. (No. 21926/J3/76) on November 29, 1976. Those who desire to use the halls have to apply in Form I prescribed and before hand, if necessary obtain the necesssary permission from the 'City Corporation' or Police Department' as the case may be. The application is to be made for allotment to the Estate Officer of the Board indicating whether the ball is intended to be used for 'a celebration of marriage or for social and cultural functions'. The user for 'social or cultural functions' should further satisfy the Chairman that the functions are not 'objectionable.' Those who are allotted the balls cannot use the hall for any purpose other than for which it is allotted by the Chairman of the Board. The allotment is not accorded for more than three days. The allottee has to remit Rs. 5/- and hire charges before hand in the State Bank of Hyderabad. Any 'misuse' of balls entails the cancellation of allotment and forfeiture all payments made. The allottee can use electricity energy for purpose of illumination and not for 'decorative purposes'. The allottee cannot sub-let the halls and is expected to cause no nuisance to 'neighbours'. The Chairman of the Board is the Final arbiter for all disputes arising under the terms of allotment.

(2.) The second respondent in the writ petition is the Proprietor of M/s. New Royal Company, Hyderabad who has been appointed in Proc. No. 10378/HB/A EOT/78 dated July 31, 1978 by the Chairman of the Board as the sole supplier of furniture and crockery for the period from August, 1978 to July, 1979. The appointment, the record produced discloses was made on the 'recommendation' of the Deputy Director of Industries to whom the second respondent approached by applications on May 23, 1978 and on July 10, 1978. A like request was made by the second respondent to the Housing Commissioner on July 10, 1978. In that application the proprietor of second respondent represented that the firm is a leading supplier of furniture and crockery. That the proprietor is a caterer of great reputation and possessed good stock of materials to be supplied and solicited the authorities the firm may be authorised to supply goods to the users of the two halls on 'moderate rates"

(3.) The Proprietor studied upto Intermediate and represented that he was financed by Vijaya Bank and had location of business 'between the two halls' and for him it was convenient to supply goods promptly without any delay in transporation. Thai he is experienced for he bad supplied ''to the Government departments, State Bank of Hyderabad Posts and Telegraphs etc and represented that his 'rates are 30% to 40% less than the market rates. On the application of the proprietor of the second respondent, the Deputy Director of Industries passed the following order: