Smt.Lalitha v. Hyderabad Metropolitan Development Authority

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1060 of 2016 18.01.2016 Between:

Smt.Lalitha .. Petitioner and Hyderabad Metropolitan Development Authority and another .. Respondents Counsel for the petitioner: Mr.Y.Shashidhar Reddy Counsel for the respondents: -- The Court made the following:

ORDER:

The petitioner, who is a tenant of respondent No.1 in respect of Shop No.56 situated at District Commercial Complex, Tarnaka, Hyderabad, filed this writ petition feeling aggrieved by the action proposed to be taken by the respondents in pursuance of show cause notice, dated 10.11.2015.

The averments contained in the affidavit filed in support of this writ petition reveal that the dispute has narrowed down to the actual quantum of arrears of rents payable by the petitioner. While it is the case of the respondents that the petitioner is liable to pay Rs.4,75,156/- as shown in the show cause notice, dated 10.11.2015, in her reply, dated 19.11.2015, to the said show cause notice, the petitioner has disputed the quantum of enhancement, at which the arrears were calculated by the respondents. The petitioner pleaded that after submitting her explanation, she has paid a sum of Rs.1,96,852/-.

Thus, the parties are left with the dispute over the balance sum of Rs.2,78,304/-. As this Court feels that this dispute can be resolved through proper reconciliation of accounts, respondent No.2 is directed to issue a notice to the petitioner for reconciliation of accounts by fixing a specific date. The petitioner shall attend the meeting on the date so fixed and after such reconciliation, respondent No.2 shall take an appropriate decision, in accordance with law, and communicate the same to the petitioner in writing. If the petitioner feels aggrieved by such decision, she shall be free to avail the remedy of a civil suit. Till the decision is taken and communicated to the petitioner, the respondents shall not take any coercive steps for recovery of the balance amount.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.1306 of 2016 filed by the petitioner for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 18th January, 2016 GHN