Andhra Pradesh High Court - Amravati
Common Order vs Unknown on 10 December, 2021
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
C.R.P.Nos.880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890,
891, 892, 893, 894, 895, 896, 897, 898, 899 & 900 of 2020
COMMON ORDER:
These civil revision petitions arise out of the orders passed by the
Principal District Judge, Visakhapatnam in different applications in
different appeals. However, since the respondents in all these cases and
the issues raised are one and the same, all these revision petitions are
being disposed of by way of this common order.
2. The petitioners in all these revision petitions were in
possession of small extents of land belonging to the railways. The
petitioners were initially paying an annual licence fee of Rs.2,741/- to the
1st respondent and had been carrying on their business by setting up
structures etc., in the land in their possession. The respondents,
thereafter, initiated proceedings under Section 9 of the Public Premises
Act, 2019 (for short 'the Act') to evict the petitioners from these lands.
The petitioners, having lost the proceedings under the Act, had filed
appeals, against the said orders of eviction, before the Principal District
Judge, Visakhapatnam. During the pendency of the said appeals, the 1 st
respondent is said to have furnished a statement of dues from the
petitioners up to 31.02.2018. The 1st respondent, in the said statements,
showed that the licence fee had been increased from Rs.2,741/- per
annum to Rs.15,773/- per annum from the year 2013-2014 onwards.
Thereafter, the respondents claimed that on 15.11.2019 the said licence
fee was increased to 30,879/- per annum from 2019-2020 onwards. On
this basis, each of the petitioners were called upon to pay an amount of
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Rs.1,63,934/- as the amounts due from the petitioners up to March, 2020.
The petitioners, claiming financial hardship, on the ground that they were
carrying on petty businesses and eking out their livelihood, had filed
applications for grant of 36 monthly instalments for depositing the arrears
of licence fee dues of Rs.1,63,934/- up to March, 2020 along with future
licence fee.
3. The details of the applications filed by the petitioners herein
are set out below:
Case No. Name of the Public Premises Act Appeal No. Application filed
Tenant Proceeding No. in that appeal
C.R.P.No.880 of S.A. Aziz E.C.No.EO/WAT/EC/01/ A.S.No.123 of I.A.No.88/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.881 of Surakasula E.C.No.EO/WAT/EC/01/ A.S.No.234 of I.A.No.94/2020
2020 Laxmana Rao 2011 2017
To EC/66/2011
C.R.P.No.882 of P. Bhavani E.C.No.EO/WAT/EC/01/ A.S.No.248 of I.A.No.108/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.883 of Payakala E.C.No.EO/WAT/EC/01/ A.S.No.242 of I.A.No.102/2020
2020 Venkata 2011 2017
Ramanamma To EC/66/2011
C.R.P.No.884 of B.K. Murthy E.C.No.EO/WAT/EC/01/ A.S.No.232 of I.A.No.92/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.885 of Karri Ganesh E.C.No.EO/WAT/EC/01/ A.S.No.231 of I.A.No.91/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.886 of Shaik Yakub E.C.No.EO/WAT/EC/01/ A.S.No.246 of I.A.No.106/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.887 of Sornapudi E.C.No.EO/WAT/EC/01/ A.S.No.233 of I.A.No.93/2020
2020 Chinnammalu 2011 2017
To EC/66/2011
C.R.P.No.888 of Vegi Surya E.C.No.EO/WAT/EC/01/ A.S.No.241 of I.A.No.101/2020
2020 Rao 2011 2017
To EC/66/2011
C.R.P.No.889 of Gedela E.C.No.EO/WAT/EC/01/ A.S.No.243 of I.A.No.103/2020
2020 Vamana 2011 2017
Murthy To EC/66/2011
C.R.P.No.890 of Md. Ashik Ali E.C.No.EO/WAT/EC/01/ A.S.No.252 of I.A.No.112/2020
2020 2011 2017
3 RRR,J
C.R.P.No.880 of 2020 & batch
To EC/66/2011
C.R.P.No.891of Basa E.C.No.EO/WAT/EC/01/ A.S.No.245 of I.A.No.105/2020
2020 Rameswara 2011 2017
Rao To EC/66/2011
C.R.P.No.892 of Payakayala E.C.No.EO/WAT/EC/01/ A.S.No.237 of I.A.No.97/2020
2020 Visweswara 2011 2017
Rao To EC/66/2011
C.R.P.No.893 of Sornapudi E.C.No.EO/WAT/EC/01/ A.S.No.238 of I.A.No.98/2020
2020 Naveen 2011 2017
Kumar To EC/66/2011
C.R.P.No.894 of Madem E.C.No.EO/WAT/EC/01/ A.S.No.249 of I.A.No.109/2020
2020 Trimurthulu 2011 2017
To EC/66/2011
C.R.P.No.895 of Md. Aliullah E.C.No.EO/WAT/EC/01/ A.S.No.244 of I.A.No.104/2020
2020 Siddique 2011 2017
To EC/66/2011
C.R.P.No.896 of S. E.C.No.EO/WAT/EC/01/ A.S.No.126 of I.A.No.90/2020
2020 Satyanarayan 2011 2017
a To EC/66/2011
C.R.P.No.897 of Md. E.C.No.EO/WAT/EC/01/ A.S.No.247 of I.A.No.107/2020
2020 Ubalthulla 2011 2017
To EC/66/2011
C.R.P.No.898 of S. Gaddenna E.C.No.EO/WAT/EC/01/ A.S.No.235 of I.A.o.95/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.899 of Bora Prasad E.C.No.EO/WAT/EC/01/ A.S.No.125 of I.A.No.89/2020
2020 2011 2017
To EC/66/2011
C.R.P.No.900 of Lanka E.C.No.EO/WAT/EC/01/ A.S.No.250 of I.A.No.110/2020
2020 Giopinath 2011 2017
To EC/66/2011
4. The Principal District Judge, Visakhapatnam, after taking into
consideration the contentions raised on both sides had permitted the
petitioners to pay the arrears up to March, 2020 in eight equal monthly
instalments. Aggrieved by the said orders, the petitioners have
approached this Court by way of the present civil revision petitions.
5. Sri N.H. Akbar, learned counsel appearing for the petitioners
submits that all the petitioners are persons belonging to weaker sections
of the society and are in possession of extremely small pieces of land in
which they are carrying on petty businesses like welding works etc. He
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further submits that they are barely able to obtain a livelihood from their
business and calling upon such persons to pay an amount of
approximately Rs.1,63,934/- in eight monthly instalments would
effectively affect their livelihood and the said order cannot be complied
with by the petitioners. He submits that this Court should look at the
pathetic economic condition of the petitioners before passing any orders
in the matter.
6. The sum and substance of the contentions raised by Sri N.H.
Akbar earlier and the contentions raised in these revision petitions is
effectively a plea for some form of assistance from this Court to enable
the petitioners to continue in the land in their possession. In fact, Sri N.H.
Akbar relied upon a judgment of the Hon'ble Supreme Court in OLGA
Tellis & Ors v. Bombay Municipal Corporation 7 Ors.,1 to contend
that evection of the petitioners, on account of their poverty, would be
violative of Articles 21 and 19(1)(e)and (g) of the Constitution of India.
7. While this Court does take into account the economic
condition of the petitioners, in payment of their dues pending the appeal,
it cannot also lose sight of the fact that the petitioners have not been
paying any rent or licence fee to the respondents since 2012 onwards.
While considering the contention of the petitioners that payment of such a
large amount, in a short while, is not possible for them, this Court would
have to balance the right of the respondents to recover the annual licence
fee which has not been paid by the petitioners since 2012.
8. After perusing the pleadings and the orders passed by the
authority under the Act as well as the orders of the Principal District
Judge, Visakhapatnam, this Court is of the opinion that the order passed
AIR 1986 SC 180
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C.R.P.No.880 of 2020 & batch
by the Principal District Judge, Visakhapatnam was fair and struck a
balance between both the parties to the litigation. However, the order
under revision was passed in February, 2020, after which Covid-19
Pandemic has shutdown businesses across the country and the worst
affected persons in the shutdown have been petty businessmen.
9. In these circumstances, these Civil Revision Petitions are
disposed of granting the petitioners eight monthly instalments to clear
their dues. The first instalment, under the said eight monthly instalments,
shall be payable on or before 05.02.2022. There shall be no order as to
costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
_________________________
R. RAGHUNANDAN RAO, J.
10th December, 2021
Js.
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C.R.P.No.880 of 2020 & batch
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
C.R.P.Nos.880, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890,
891, 892, 893, 894, 895, 896, 897, 898, 899 & 900 of 2020
10th December, 2021
Js.
