A P RAGHAVENDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Appeal is directed against the Order of the learned single Judge dated 12-3-1986 passed in W P No. 2399/86. By the impugned Judgment the learned sinlge Judge dismissed the Writ Petition filed by the appellant for quashing the eviction notice dated 3-3-1986 issued by the 2nd respondent against him. who is an allottee. It appears that a portion of the building known as House No. 6-1-96/1, situated at Padmaraonagar, Secunderabad was taken over by the Government/Authorised Officer under Section 3 (3) of the A P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act), under an order passed as far back as 6-6-1984. Thereafter the land-lord on account of personal requirement, applied under Section 3 (4) of the Act for the release of the house for personal occupation of himself and his family members. This application was filed on or about 9-9-1985. After notice to the allottee, the Authorised Officer passed an order dated 20-12-1985 directing the release of one room, verandah and passage out of the aforesaid house of the landlord. The allotment to the house to the petitioner consisted of three rooms, Verandah and passage. Since the allottee did not vacate, the Order was issued to him on 3-3-1986 to hand-over possession to the Deputy Tahsildar/Spl. Revenue Inspector/Senior Assistant, failing which he will be dispossessed. The allottee, not being satisfied with the Order challenged the issue of eviction notice of the Estate Officer (2nd respondent) by way of Writ Petition. As stated above, the learned single Judge dismissed the Writ Petition.

(2.) The learned counsel for the allottee-appellant submitted that no Order could have been passed under section 3 (4) of the Act for a portion of the building which had been taken over under Section 3 (3). He brought to our notice the provisions of Sections 3 (3) and 3 (4) (a) read with the definition of the 'Building' contained in Section 2 (iii) of the Act. Section 3 (4) (a) reads as follows :-

(3.) It is however directed that the respondents will have to decide the application of the landlord dated 9-9-1985 afresh in accordance with law within a period of 3 months from today after hearing the allottee and the land-lord.