Dismissed

Ch. Vijaya Bharathi v. The Deputy Director of Social Welfare

Telangana HC5 Oct 2015WP/6437/2009

Case brief

AI extract

What is this about?

The court held that since the interim order fixing rent has been implemented via fresh proceedings, a new cause of action arose. Consequently, the present writ petition was closed, leaving issues and the subsequent proceedings open for separate challenge.

What did the court decide?

The writ petition was closed. Pending miscellaneous petitions were also closed. No order as to costs.

Ch. Vijaya Bharathi Vs The Deputy Director of Social… — Landlord and Tenant | Telangana HC (2015)

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THE HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.6437 of 2009

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ORDER:

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This writ petition was filed for a declaration that the petitioner was entitled to a monthly rent of Rs.33,361/- for her building which was occupied by the college boys hostel under the control of the Deputy Director of Social Welfare, Karimnagar. This claim was purportedly based on G.O.Ms.No.35, Finance and Planning Department, dated 27.02.1997.

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By order dated 26.03.2009, this Court directed the Deputy Director of Social Welfare, Karimnagar, and the District Collector (Social Welfare), Karimnagar, to consider the petitioner’s representation for fixing the monthly rent as per G.O.Ms.No.35 dated 27.02.1997 and pass appropriate orders thereon as per law within a timeframe.

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Pursuant to the above interim order, proceedings dated 17.09.2009 were issued by the respondent authorities upon due consideration of the petitioner’s representation. Thereunder, the monthly rental was enhanced to Rs.28,819/-.

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The learned Assistant Government Pleader for Social Welfare and Sri A. Yadav Reddy, learned Standing Counsel for the District Scheduled Caste Service Co-operative Society Limited, Karimnagar, confirmed this fact.

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Sri Mohd. Habibuddin, learned counsel representing Sri Ch. Jagannatha Rao, learned counsel for the petitioner, is unable to state as to whether a fresh writ petition has been filed challenging the subsequent proceedings dated 17.09.2009. He however states that an other writ petition is also pending on this very issue.

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In any event, as implementation of the interim order passed by this Court in the present writ petition has culminated in the issue of fresh proceedings, the same would give rise to a new cause of action and the issue does not survive independently for consideration in the present writ petition.

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The writ petition is accordingly closed leaving it open to the petitioner to assail the proceedings dated 17.09.2009, if she has any grievance therewith, in

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accordance with law. All issues including the aspect of delay, if any, are left open.

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Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

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JUSTICE SANJAY KUMAR

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5^th October, 2015

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IBL

Ch. Vijaya Bharathi v. The Deputy Director of Social Welfare

Case brief

What is this about?

What did the court decide?

Ch. Vijaya Bharathi v. The Deputy Director of Social Welfare

Case brief

What is this about?

What did the court decide?

What the court decided

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