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TMI Blog2002 (11) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... re, 62, SD Road, Secunderabad, on lease. The 1st respondent-A.P. State Financial Corporation, Hyderabad disputes the fact that there was a legally enforceable lease but admits that the petitioner is in possession of the property in question. The petitioner further claims that after obtaining the above mentioned lease he deposited an amount of Rs. 20,00,000 with the owner of the property in question and thereafter petitioner entered into partnership with some other persons the details of which may not be necessary, started running a bar and restaurant after obtaining the requisite licence. The petitioner also asserts in the affidavit that he has been paying a sum of Rs. 1,00,000 per month towards lease to the owner of the property. 3. On the allegations that the owner of the property played fraud on a Cooperative Urban Bank i.e., Charminar Cooperative Urban Bank Limited, the property in question was attached by the Government of Andhra Pradesh by G.O.Ms No. 119, dated 30-4-2002 under section 3 of the A.P. Protection of Depositors of Financial Establishments Act, 1999. Challenging the said decision of the Government of Andhra Pradesh, the petitioner filed W.P. No. 9194 of 2002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Constitution. The question as to under which entry the said enactment is made is not examined as no arguments in this behalf are submitted by the learned counsel for the petitioner but he proceeded on the assumption that the said enactment is validly made by the State Legislature of Andhra Pradesh. But the fact remains that the 1st respondent came into existence under the provisions of the SFC Act, an enactment passed by the Parliament in exercise of the power conferred on it under article 246(1) of the Constitution with reference to the legislative field indicated in entry 43 of List-I of VII Schedule of the Constitution. The legislative field is exclusively assigned to the Parliament by the Constitution, therefore irrespective of the source of the legislative authority under which the State enactment is made, the said law made by the State Legislature is required to give way to the mandate of the law made by the Parliament in exercise of the power conferred on it under article 246 (1) of the Constitution because within the field assigned to it, the law made by the Parliament is supreme and overrides any other law made by the State Legislatures if there is anything repugnan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitutional limitations on the grant of legislative powers are expressed, the obligation created by the law of the Parliament overrides the obligation created by the law of the State. 10. In fact the Supreme Court was dealing with similar problem in Indu Bhusan Bose v. Rama Sundari Debi AIR 1970 SC 228, the facts are that "Rama Sundari Debi, the first respondent in the appeal by special leave, instituted a suit for the ejectment of Indu Bhusan Bose appellant who was a tenant in premises No. 18, River side road, owned by respondent No. 1, situated within the cantonment area of Barrackpore. The agreed rent was Rs. 250 per mensem; but there was a dispute as to whether the owner or the tenant was liable to pay rates and taxes. On an application presented by the appellant, the Rent Controller fixed fair rent under section 10 of the West Bengal Premises Tenancy Act No. XII of 1956 at Rs. 170 per month inclusive of all cantonment taxes, and, in appeal, the amount was enhanced to Rs. 188 per month inclusive of all cantonment taxes. Respondent No. 1 in December 1960, served a notice on the appellant to quit and on failing to get vacant possession, filed a suit in the court of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision for local government even in cantonment areas. Similarly power of State Legislature to legislate in respect of; ( i ) education, including universities, under Entry 11 of List II is made subject to the provisions of Entries 63, 64, 65 and 66 of List I and entry 25 of List III; ( ii ) regulation of mines and mineral development in Entry 23 of the List II is made subject to the provisions of List I with respect to regulation and development under the control of the Union; ( iii ) industries in Entry 24 of List II is made subject to the provisions of Entries 7 and 52 of List I; ( iv ) trade and commerce within the State in Entry 26 of List II is made subject to the provisions of Entry 33 of List III; ( v ) production, supply and distribution of goods under Entry 27 of List II is made subject to the provisions of Entry 33 of List III; and ( vi ) theatres and dramatic performances; cinemas in Entry 33 of List II is made subject to the provisions of entry 60 of List I. Thus the Constitution itself has specifically put down Entries in List II in which the power is expressed in general terms but is made subject to the provisions of Entries in either List I or List III. In these circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the writ petition No. 9194 of 2002, the interim order passed therein at the instance of the writ petitioner would normally lapse, but in the matter like this as certain amount is deposited by the petitioner pursuant to the said interim order, unless appropriate order is passed, the amounts already deposited by the petitioner cannot be withdrawn. The petitioner is, therefore, at liberty to seek such direction as he deems fit and necessary in the said writ petition No. 9194 of 2002 by making appropriate application. 15. Having regard to the overall situation that the petitioner is admittedly in possession of the property in question, I deem it appropriate to direct the respondents to permit the petitioner to continue in possession of the property in question until such time the 1st respondent brings the property to sale. However, the petitioner is permitted to continue in possession of the property subject to condition that he pays the lease amount of Rs. 1,00,000 commencing from November, 2002 to the 1st respondent within one week from today and on paying the lease amount on or before 10th of every succeeding month for the future months. The petitioner is also directed to depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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