S.Karunakar Reddy, Hyderabad vs Superintendent, Osmania General ...
2022 Latest Caselaw 1667 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



             WRIT APPEAL No.1604 of 2017

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 29.08.2016 passed by the learned Single Judge

in W.P.No.21401 of 2012.

     The facts of the case reveal that the writ petition

was preferred before this Court by the appellant/writ

petitioner   being      aggrieved        by     the     action       of   the

Superintendent, Osmania General Hospital, in issuing

a bill for Rs.3,20,220/- towards enhanced rent in

respect of the premises which was given to the

appellant/writ petitioner for running a canteen in the

hospital premises.          The appellant/writ petitioner has

disputed the bill amount and came up before this

Court. However, this Court in paragraph 8 of the order

has held as under:-
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     "8.      This   Court     is    in   agreement       with   the    last
     submission of the learned counsel for the petitioner.
     Having     regard       to     the       above   submission,       the
     Superintendent is directed to examine the legality and
     authority of allotment, term of lease etc. in favour of
     petitioner, allotment of spaces in Osmania Hospital and
     a proper decision is taken to prevent misutilisation of
     expected revenues to hospital. To ensure equality before
     law, after initiating action against the petitioner, the
     Superintendent/respondent                initiates   similar   action

against the allottees, who have been allotted space without definite terms and conditions in the premises of Osmania General Hospital. The spaces, after determination of existing agreements, are re-allotted on auction. The said exercise shall be completed within six (6) weeks from the date of receipt of copy of this order."

Meaning thereby, the matter was remanded back

to the Osmania General Hospital to take appropriate

action in accordance with law. The hospital was also

directed to ensure similar action against all persons

who were allotted spaces. The order was passed in the

year 2016 and it is only a remand order and no

liability was finalised in respect of the appellant/writ

petitioner. This Court does not find any reason to

interfere with the order passed by the learned Single

Judge.

The writ appeal is accordingly dismissed.

The miscellaneous applications pending, if any,

shall stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

31.03.2022 vs