V.Jagadish Prasad v. (Regn-I) Dept., A.P. Secretariat, Hyderabad-4

(Per Hon’ble the Chief Justice) Writ Petition is filed as public interest litigation by V.Jagadish Prasad claiming himself to be Social Worker residing in Bhavani Nagar, Malkajgiri, Ranga Reddy district, complaining that respondents had taken a decision to shift the office of Sub-Registrar, Malkajgiri, from the present location to a distance of about 5 Kms at Neredmet in a new building offered by M/s Aditya Nirmal. Petitioner has alleged that presently the Sub-Registrar’s office is housed in a private building owned by Shyam Sunder on rental basis at Rs.2,200/- per month, whereas at the new location, the building is offered by M/s Aditya Nirmal, but at the rent of about Rs.12,000/- per month. It is stated that the Sub-Registrar’s office at the present location is functioning for the last about 10 years and there is no grievance for the public, but now with mala fide object of giving financial gain to M/s Aditya Nirmal, respondents have colluded and they are trying to shift the Sub- Registrar’s office.

We have heard learned counsel for the parties. The letter dated 09th February, 2005 from the Commissioner and Inspector General of Registration and Stamps, Hyderabad, to the Special Chief Secretary to Government (Revenue), Government of Andhra Pradesh, narrated certain vital facts that the owner of the building in which the present Sub-Registrar’s office is located, has served legal notice under Section 80 of Code of Civil Procedure claiming arrears of rent and damages and also asking to vacate the premises. On receipt of the notice, the District Registrar, Ranga Reddy district, had reported to the higher authorities stating that the present building owner had demanded vacation of the building and also claimed damages, and had neither given consent nor entered into further lease with the Department. In these circumstances, the Sub-Registrar, Malkajgiri, had sought permission to shift the office to a suitable building, and thereafter permission was accorded.

In response to the advertisement in newspaper for renting out suitable building for the office of Sub-Registrar, M/s Aditya Nirmal came forward and offered accommodation, which was found to be suitable, and at the behest of the Department, the owner had carried out necessary modifications to suit the needs of the office of Sub-Registrar at its own cost, and also submitted a requisition letter informing that the building is ready to be occupied. Thereafter, directions were issued for shifting the office to the new premises. There were certain representations sent to the Chief Minister against the shifting of the office, but ultimately the letter dated 25th January, 2005 from the office of Chief Minister enclosing the representation of M.Bala Lingam, Vice-Chairman of Malkajgiri Municipality, was issued, directing to consider the request for shifting of Sub-Registrar’s office to the new premises.

Accordingly, the District Registrar was asked to shift the office. In these circumstances it cannot be said that the action of respondents is in any manner mala fide or arbitrary. We are informed that some land has also been ear-marked for the purpose of the Sub-Registrar’s office and a new building would come up, which will be owned by the Government and the office will be permanently housed in the new building to be constructed and the impugned action is a stop-gap arrangement, which had ultimately to be made since previous owner had served notice under Section 80 of Code of Civil Procedure. Maybe that notice has been served and subsequently withdrawn, but it has no effect of reversing the decision inasmuch as pursuant to the advertisement, the new owner had carried on alterations to building at its own cost and thus, the order of shifting is burdened with some litigation, since the new owner might claim damages even for carrying on alterations to his building.