A single-judge writ bench dismissed a petition challenging the cancellation of a lease. It held that a private lease contract is not a statutory lease; thus, Article 226 does not apply, and the writ is not maintainable.
The writ petition is dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.23960 of 2004
ORDER:
This writ petition is filed seeking Mandamus declaring the order dated 7.8.2004 in Rc.No.22815/04/Hsg of the first respondent as illegal and arbitrary.
It appears that under the proceedings dated 17.9.2003, permission was granted to lease out the land of first petitioner in favour of second petitioner for a period of 30 years. The said lease was cancelled vide impugned order dated 7.8.2004. Aggrieved by the same, the present writ petition is filed.
The contract/lease between the parties is in the realm of private contract and it is not a statutory lease/contract for the purpose of invoking provisions under Article 226 of the Constitution of India. No writ petition is maintainable against the impugned proceedings canceling the lease granted earlier. The writ petition is misconceived and therefore, the same is liable to be dismissed.
Accordingly, the writ petition is dismissed. No order as to costs.
______________
C.V.RAMULU, J
Date: 4.12.2006
DA
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.23960 of 2004
4.12.2006
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.23960 of 2004
Dated: 4th December, 2006
Between:
The Bureau of Economics and Statistics Employees Coop. Housing Society Ltd., Hyderabad & another. .. Petitioners
and
Commissioner for Cooperation and Registrar of Cooperative Societies, Hyderabad & 2 others.
.. Respondents
2 issues framed by the court
Whether a writ petition is maintainable against an order cancelling a private lease contract granted under cooperative society proceedings.
Whether peremptory provisions of Article 226 of the Constitution of India apply to a non-statutory lease/contract.
The Bureau of Economics and Statistics Employees Coop. Housing Society Ltd.
another
Commissioner for Cooperation and Registrar of Cooperative Societies, Hyderabad
2 others
C.V.RAMULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
