Sabavat Rukman Naik vs Government of A.P.

V.V.S. Rao, J.—The petitioner invokes under Article 226 of the Constitution of India with a limited prayer directing the Government of A.P. in Municipal Administration Department to dispose of the revision petition filed by the petitioner u/s 679 of the Hyderabad Municipal Corporation Act, 1955 (hereinafter called ''the Act''). He filed the said revision petition on 9.9.2003 against the proceedings of the Commissioner of Hyderabad Municipal Corporation dated 20.3.1985 approving the layout of land in Survey No. 102/3 of Hakeempet village, Shaikpet Mandal, Hyderabad District in favour of third parties. The petitioner claims that he is the owner of Plot No. 77/19 of Yamuna Nagar Co-operative Housing Society and that the said plot is situated in Survey No. 102/3 of Hakeempet Village. He alleges that in Layout No. 153/79, the petitioner''s plot was also shown as being in Survey No. 102/3, which is incorrect. As his attempts to get layout corrected failed, he approached Government u/s 679 of the Act. As no orders are passed, he filed the instant writ petition.

The learned Government Pleader for Municipal Administration opposes the writ petition and submits that action of Commissioner of Corporation in approving the layout, would not be amenable to revisional jurisdiction of the Government u/s 679(1).

Section 679(1) reads as under:

Power of Revision :--(1) The Government may, at any time for the purposes of satisfying itself as to the correctness, legality, propriety or regularity of any proceeding of or order passed by the Commissioner or any Officer subordinate to him call for and examine the record and pass such orders with reference thereto as it thinks fit.

A plain reading of sub-section would reveal that it is competent for the Government to call for the records in relation to a ''proceeding or order passed by the Commissioner or other Officer subordinate to him and examine the same as to its legality, propriety or regularity of the said proceeding or order. It is also competent to the Government to suspend the execution of a resolution or order under Clause (a) of Sub-section (2). This would show that a proceeding, order or a resolution of the Corporation including a resolution passed by the Standing Committee is amenable to the jurisdiction of the Government u/s 679 . As the exercise of such revisoinal power at the instance of an aggrieved party on an application is not specifically prohibited, it would be reasonable to construe that such revisional power can be exercised even on an application by an aggrieved person. Therefore the submission of the learned Government Pleader is devoid of any merit.

The petitioner seeks a direction to the respondent to dispose of the appeal expeditiously. Accordingly this writ petition is disposed of directing the Respondent to pass appropriate orders on the revision petition filed on 9-9-2003 by the petitioner within eight weeks from the date of receipt a copy of the order.