Sai Prakash Jaiswal vs. State Of Telangana
Held
The Court held that it cannot direct the extension of concessions with respect to lease rentals, especially in the absence of any special provision for the 'physically handicapped' category. The enhancement of lease rental is primarily governed by mutual consent. The Court agreed with the 4th respondent that the Government Order pertaining to Municipal Department properties is not applicable to Endowments Department properties. The fixation of lease rentals depends on factors like locality, demand, supply, and the nature of use. Therefore, the mandamus sought by the petitioner to consider his case in accordance with G.O.Ms.No. 63, dated 14.02.1996, cannot be issued as a matter of right. However, the Court directed that the petitioner's request be considered keeping in view factors such as locality, purpose, demand, and supply.
Facts
The petitioner, who was allotted a shop in an open auction under the 'physically handicapped' quota on 04.05.2007, challenges the enhancement of his monthly rent from Rs. 10,395/- to Rs. 15,593/- for the period 22.03.2018 to 21.09.2020. This enhancement was followed by a direction to pay 18% GST on the monthly rent. The petitioner contends that the rent enhancement is not in conformity with G.O.Ms.No. 63, dated 14.02.1996, and his reply dated 19.08.2019 has not been considered. The 4th respondent asserts that the mentioned Government Order is inapplicable to properties of the Endowments Department.
Key Issues
1. Whether the petitioner is entitled to a direction to fix the rent of his shop on par with shops allotted by the Municipal Department, pursuant to G.O.Ms.No. 63, dated 14.02.1996, considering his allotment under the 'physically handicapped' quota. Petitioner's argument: The petitioner argues that the rent enhancement is contrary to G.O.Ms.No. 63, dated 14.02.1996, and his reply regarding this has not been considered. Revenue/State's argument: The 4th respondent contends that G.O.Ms.No. 63, dated 14.02.1996, issued by the Municipal Administration Department, has no application to the properties of the Endowments Department.
Sections Cited
None
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 19615 OF 2019
O R D E R:
The Writ Petition is filed seeking a direction to the respondents to fix rent of shop No. 19 in Municipal Mulgi No. 5-7- 63/10/11, Shopping Complex, SBH Road, Marwadi Panchayat Bhavan Dharmashala, Adilabad Town on par with shops allotted by the Municipal Department, pursuant to G.O.Ms.No. 63, Municipal Administration, dated 14.02.1996. The case of the petitioner is that he was allotted the subject shop under ‘physically handicapped’ quota, in an open auction conducted by the respondents on 04.05.2007. Subsequently, vide proceedings dated 27.09.2018, the 4th respondent enhanced the monthly rent from Rs.10,395/- to Rs.15,593/- for a period of two years from 22.03.2018 to 21.09.2020, followed by issuance of another G.O. dated 29.11.2018 directing him to pay 18% of GST on monthly rent. The complaint of the petitioner is that the above enhancement is not in conformity with G.O.Ms.No. 63, dated 14.02.1996 and that though he submitted the reply dated 19.08.2019, the same is not considered yet. Heard learned counsel for the petitioner. On the other hand, learned Standing Counsel
The judgment continues below.
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