THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.766 of 2012
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Sri G. Arvind, learned counsel appearing for
the appellants and Mr. Ranganath Kumar, learned
counsel appearing for respondent Nos.1 and 2.
2. This writ appeal is directed against the order dated 28.11.2011 passed by the learned Single Judge dismissing W.P.No.26262 of 2011. The said writ petition was filed assailing notice issued by the then Andhra Pradesh Housing Board (now Telangana Housing Board) for eviction of the appellants as well as the order passed by the Housing Board Commissioner demanding arrears of rent. Contention advanced was that the above notice and order were in contravention of the provisions of the Andhra Pradesh Housing Board Act, 1956 (as applicable to the State of Telangana), Andhra Pradesh Housing Board (Shops) Rental Regulations, 1975 (as applicable to 2 the State of Telangana) and Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (as applicable to the State of Telangana).
3. The related writ petition was heard along with a number of other writ petitions raising similar grievance. By the common order dated 28.11.2011, all the writ petitions were dismissed.
4. In the hearing today, we have been informed that W.A.Nos.399, 425 and 426 of 2011 as well as W.A.No.1380 of 2011 were filed against the aforesaid common order in respect of the other writ petitions. The above appeals were disposed of by the judgment and order dated 23.03.2022 in the following manner:-
"The facts of the case reveal that the appellant before this Court was allotted a shop by the A.P.Housing Board and he came up before this Court being aggrieved by notice/order dated 03.01.2011 issued under the provisions of A.P. Housing Board (Shops) Rental Regulations, 1975.
Learned counsel for the appellant has also informed this Court that pursuant to the notice issued in the matter, the appellant was evicted and the eviction was subjected to judicial scrutiny before 3 the learned Single Judge and the learned Single Judge has dismissed the writ petition. He has fairly stated before this Court that there is a remedy under Section 55(4) of the A.P. Housing Board Act and a liberty be granted to prefer an appeal in accordance with law before the Chief Judge, City Civil Court.
In the light of the aforesaid, the present writ appeals stand disposed of with a liberty to prefer an appeal".
5. In view of the above, the present writ appeal is also disposed of in terms of the aforesaid judgment and order dated 23.03.2022 subject to limitation.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 20.09.2022 vs/myk