WP/17929/2010 of P.C. Subbarayudu Vs The Commissioner on 31 December 2013

ORDER:

The petitioner is a retired Municipal Assistant Engineer inrespondent Municipality. While he was in service, he was allotted themunicipal quarter No.3, Ongole, Prakasam district in the year 1979.When his request for allotment of quarter on hire purchase basis wasnot considered, he filed WP No.5677 of 1989 and the same wasallowed on 09.04.1993 with a direction to the respondent to considerhis case for allotment of the municipal quarters. When his request wasnot considered, he filed CC No.280 of 2003 but the same wasdismissed, as by the date of dismissal the order was complied with.But in the said case, he was given an opportunity to seek redressalwith regard to fixation of price for the quarter. The respondent issuedproceedings dated 21.04.2003 directing the petitioner to pay a sum ofRs.2,91,487/-. Challenging the said price, he filed WP No.10633 of2004. The said writ petition was dismissed on 04.11.2009 and againstthe said dismissal, he filed WA No.20 of 2010, which also ended indismissal by order dated 22.01.2010. After dismissal of the writ appeal,he paid the amount of Rs.2,91,487/- by way of demand draft dated 09.02.2010 drawn on Indian Overseas Bank, Kalyan Nagar branch,Hyderabad. He also addressed letter dated 10.02.2010 to therespondent Municipality to fix a date for registration and to completesale transaction. The said letter was received by the respondent on15.02.2010. Since there was no response, he got issued legal noticedated 22.03.2010, which was received by the respondent on25.03.2010. Thereafter also there was no response. In those facts andcircumstances, he filed the present writ petition seeking a direction tothe respondent to register the Municipal quarter No.3, Ongole,Prakasam district in favour of the petitioner.

2. The respondent filed a counter, stating that the respondentissued proceedings dated 21.04.2003 allotting quarter No.3 anddirected the petitioner to pay the price as fixed by the Engineer-in-Chief along with arrears of rent, interest and other charges, but thepetitioner did not turn up. The petitioner neither gave a reply nor paidthe sale consideration. The respondent implemented the order of thisCourt dated 09.04.2003 and fixed the sale price and intimated thepetitioner with regard to allotment of the quarter, but the petitioner hasnot followed the procedure and wrongly asked for quarter at old price,which is not acceptable. However, the respondent received an amountof Rs.2,91,487/- only and the petitioner still has to pay the arrears ofrent, interest and other charges, in order to enable the Government totransfer the ownership rights.

3. Heard the learned counsel for the petitioner and the learnedstanding counsel for the respondent.

4. The petitioner was allotted quarter No.3 on 21.04.2003 andsubsequently, he filed WP No.10633 of 2004 challenging the price, buthe was not successful as the said writ petition was dismissed on04.11.2009. Against the said dismissal, he preferred WA No.20 of2010 and the same was also dismissed on 22.01.2010. Only after dismissal of the writ appeal, he paid the amount of Rs.2,91,487/- byway of demand draft dated 09.02.2010. Now the case of therespondent is that the petitioner has to pay arrears of rent, interest andother charges also to complete the transfer of ownership rights.

5. In the facts and circumstances of the case, the respondent isdirected to fix arrears of rent, interest and other charges payable by thepetitioner within a period of four weeks from the date of receipt of acopy of this order and intimate the same to the petitioner so as toenable him to comply with the same. Learned counsel for the petitioneralso states that the municipal taxes payable by the petitioner from2003 onwards should be given credit to while fixing the above amount.The respondent shall consider the same at the time of demanding theamount. After receipt of intimation from the respondent, the petitioner isat liberty to pay the demanded amount or submit his objection within aperiod of three months thereafter. In case the petitioner pays theamount, the respondent shall execute the deed of transfer within fourweeks from the date of receipt of the amount from the petitioner.

6. With the above observations, the writ petition is disposed of.Pending miscellaneous petitions in this writ petition shall standdismissed in consequence. No order as to costs.

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A.RAMALINGESWARA RAO, J

Date: 31.12.2013BSS

HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO

Writ Petition No.17929 of 2010

BSS

Date: 31.12.2013