The Telangana High Court disposed of a writ petition seeking a writ of mandamus for recovery of rent and damages. The court held that the petitioner can approach the competent civil court for such relief and dismissed the writ petition accordingly.
The petitioner is given liberty to approach the competent Civil Court for the relief prayed for.
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.
132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 37880F 2024
Between:
B. Chenna Krishna Reddy, S/o Late Damodhar Reddy Hindu, aged about 57 yeas, Occ Business and Chairman of Harshith Group-of lnstituti5ns Mankhal, Thukkuguda, Ranga Reddy district.
AND
...PET|TIONER
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more one in .the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not instructing the 4th respondent to pay the arrears of 3 months rents and damages incurred by the petitioner amounting to Rs. 1,42,08,236/-is highly illegal, arbitrary, contrary to law , violation of Principles of natural Justice and violation of Article, 3004 of the Constitution of lndia and consequently direct the respondents 2 to 4 to pay the damages of Rs. 1,42,08,2361- to the petitioner forthwith.
lA NO: 1 OF 2024
. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 to pay the arrears of rents and damages of the
building of thepetitioner amounting toRs. 1 ,42,08'2361-forthwithPending disposal of the Writpetition.
Counsel for the Petitioner: SRIV.NARASTMHA MURTHY Counsel forthe Respondent Nos.1& 2: AGPFORREVENUE Counsel for the Respondent No.3: AGPFOR SOCIAL WELFARE Counsel for the Respondent No.4: SRIS.BHOOPALREDDY,SG FOR SRES
The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION o. 3788 of 2024
ORDER
Heard Sri V.Narasimha Murthy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Revenue appearing on behalf of the Respondent Nos.1 and 2, learned Assistant Government Pleader for Social Welfare, appearing on behalf of Respondent No.3 and Sri S.Bhoopal'Reddy, learned Standing Counsel for State Residential Educational Society, appearing on behalf of the respondent No.4.
2. The petationer approached the Court seeking the
relief as follows:
"to issue a Writ, order or direction more one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not instructing the 4th respondent to pay the arrears of 3 months rents and the damages incurred by the petitioner amounting to Rs.,42,08,236l- is highly illegal, arbitrary, contrary to law, violation of Principles of natural Justice and violation of Article 300-4 of the Constitution of India
?
. ;{xt }--:ii
2
SN,J wE 37aa_2024
and consequently directthe respondents2 to 4 to pay the darnages of Rs.1,42,08 ,23Q/- tothe petitioner forthwith andpass such otherorder or orders as this Hon'ble Court deemsjust andproperthe circumstances ofj ustice."
3 The c unter affidavit has beenfiled on b,ealf of res N 4a va n t.e pa rao ra Dh No 3. 5 6 and 7 .l fth c said LatI Inter extracted ereu nder:
''3. I further submit that, in reply to para No.1 of the affidavit it is respectfullysubmittedthat the prersent writpetition filed by thepetitione- is devoid of merits as such the same isliable tobe dismissed. It is unheard under theLaw thatby tvay of writpetition, the Petitioner is seekingthe relief of recovery of arrears of rents and damageswltich itself is not maintainable and the same is liablerto be disrnissed on this ground alone. It isfurther submitt.ed that the respondents to establishTTWR Degree & PG College for Womens Shadnagarhas took thepetitioner's tenantedportion to theexl.ent of 550:13 sq. ft. consisting Ground &1't Floor only. It is absolutely false to say taken that the respondents have taken 5 acres from the petiticner under the oral tenancy. It is further Submitted that
I I
/i'
,l
,/
3
sN,J wP37A8 2024
no prior notice is required to be. issued by the respondents to the petitioner before vacating the tena nted premises as the tenancy is oral one which from month to month and that under mon th -to - month tenancy the notice of intimation is already issued by the respondents to the petitioner which is date LI/8/2023 which is sufficient and the said intimation notice holds good under the law. It is further false to say that the tenanted premises was damaged and made bad to Worst. There is no iot-a of evidence in the above refered allegations of petitioner: The petitioner has never raised any lOjeclignas aileged by him as, ,there was no oamage to the tenanted premises. The 4th respondent never dragged nor assured/admitted tfe alleged damage to the tenanted premises.
J
.l
4
SN,J wE 3788 2024
repairs to the AATMANDESIGNS bythe petitioner does nct arise. It is further submittedthat the responclents havepaid up to-daterents of tenanted premise:s to the petitioner by way of bank transfer.
15, I submit that in reply writ Para 3 of the affidavil: the entire contents of thesame are fzrlse and crr:ated for thepurpose ofthis case. Itis submitted that the 4th respondentherein1as suitably issued reply to thepetitioner's legal nol:ice dated 25.9.2023, duly exposing the lies ofthe petitioner and a harassment caused by him during subsisting of tenancyperiod. The contents ofthe reply n,rtice issued by the 4th respondentwhictlis dated 215.9.2023 may be read aspart &parceof this cc,unter. It is further submitted thatthe responclents vacated the tenantedpremises inthe month of August 2023 by dulypaying up todate monthlv rents to thepetitioner as claimed by hirr.It is subnritted that the respondents never caused :ny damages to the tenantedpremises and thatthe petitioner is making bald allegations against these respondents without their being anyproof ofthe same.
1
5
SII.J wP_37AA_2024
therein are untenable under the law. As such the said writ petition is liable to dismiss:,,
6
:r..
SN,J \ilP 3788 2024
on behalf of the petitioner on record, the prer;ent writ petition isr disposed of giving liberty to the petitioner to approach the competent Civil Court for the relief as prayed fon in the present writ petition. However, there shall be no order as to costs.
Miscerllaneous petitions, if any, pending in this Writ Petition, shall stand closed.
SD/-K. SREER/{MA MURTHY ASSTSTAN'I REGtITRAR
//TRUE COPY//
sEcroN 6rrtcen
PSK. cJPq/-
I
I
I I i I
HIGH COURT
DATED:1 111212024
ORDER
WP.No.3788 of 2024
HE ST4 /4:
? i l':: i024 -t
:- f'
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
n2-*fl"4
q-
;(-r'q
2 issues framed by the court
Whether the High Court can direct the respondent to pay arrears of rent and damages through a writ petition instead of a civil court.
Whether the writ petition filed for recovery of alleged rent and damages is maintainable.
B. Chenna Krishna Reddy
The State of Telangana
District Collector, Ranga Reddy District
The Secretary, Tribal Welfare
TTWR Degree and P.G. College for Women
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
