K. Veera Reddy v. Hyderabad Metropolitan Development Authority,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38187 of 2015 Dated 24.11.2015 Between:

K.Veera Reddy ... Petitioner and Hyderabad Metropolitan Development Authority District Commercial Complex Tarnaka Hyderabad, rep. by its Commissioner and another

...Respondents

Counsel for the petitioner: Mr.L.Prabhakar Reddy Counsel for the respondents: Mr.Y.Rama Rao, SC for HMDA The Court made the following:

O r d e r :

The petitioner, who is a tenant of respondent No.1 in respect

of Shop Nos.58 and 59 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 showcause notice, dated 30.10.2015.

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.4,97,745/-, in his reply, dated 06.11.2015, to the showcause notice, dated 30-10-2015, the petitioner has disputed the quantum of enhancement at which the arrears were calculated by the respondents. The petitioner pleaded that after submitting his explanation, he has paid a sum of Rs.2 lakhs.

Mr.Y.Rama Rao, learned Standing Counsel for the Hyderabad Metropolitan Development Authority representing the respondents, has admitted the above plea of the petitioner. Thus, the parties are left with the dispute over the balance sum of Rs.2,97,745/-. 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 a decision and communicate the same to the petitioner in writing. If the petitioner feels aggrieved by such intimation, he shall be free to avail the remedy of a civil suit. Till this decision is taken and communicated to the petitioner, the respondents shall not take 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, WPMP.No.49142 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) Dt: 24th November, 2015 LUR