ORDER
1. In this Batch of writ petitions, the validity of the Government Order G.O. Ms. No.56 Housing (HB2) Department, dated 24-7-1997 (for short ‘the impugned GO), issued by the Governor of Andhra Pradesh in exercise of the power conferred upon him by clause (6) of Section 2 of the Andhra Pradesh Housing Board Act, 1956 (for short ‘the Act’), appointing all the Executive Engineers (Housing) within the jurisdiction of their respective divisions, to act as Competent Authorities for the purpose of evicting encroachments, determining the damages and passing such other orders incidental, consequential and ancillary to such eviction, in terms of the provisions contained in Sections 52 and 53 of the Act, is assailed. The Government of Andhra Pradesh by the same impugned Government Order has also appointed the Assistant Estate Officers within their respective jurisdiction to Act as Competent Authorities for the purpose of recovery of dues and such other arrears as are liable to be paid by any person to the Andhra Pradesh Housing Board as arrears of land revenue in terms of the provisions contained in Section 52 of the Act. However, there is no challenge in any of these writ petitions to the appointment of Assistant Estate Officers as the Competent Authorities for the purpose of recovery of dues and, therefore, there is no need to review whether the appointment of the Assistant Estate Officers as Competent Authorities for the said purpose is valid and ultra vires of the Act or not.
2. Let me first state common facts in these writ petitions. The Management of the Andhra Pradesh Housing Board initiated eviction proceedings against the writ petitioners by filing petitions under Section 52 of the Act before the jurisdictional Executive Engineers (Housing) who are appointed by the Government of Andhra Pradesh as the Competent Authorities under the impugned Government Order. The
common contention of the writ petitioners as highlighted by their Counsel during the course of the arguments is that the impugned Government Order appointing the Executive Engineers (Housing) as the Competent Authorities for the purpose of evicting encroachments, etc., is ultra vires of the Act. If this contention of the learned Counsel for the petitioners is upheld, I do not find any necessity to decide certain factual controversies brought before this Court by way of miscellaneous petitions during pendency of the writ petitions. In that view of the matter, let me first proceed to consider the above contention raised by the learned Counsel for the petitioners relating to validity of the impugned Government Order.
3. The term “Competent Authority” is defined in clause (6) of Section 2 of ihe Act and according to the definition, Competent Authority means any person authorised by the Government by notification in the Andhra Pradesh Gazette to perform the functions of the Competent Authority under Chapter VI for such areas as may be specified in the notificRtion.
4. If one goes by the definition of the Competent Authority as defined in clause (6) of Section 2 of the Act, it is quite plausible to contend that the Governor of Andhra Pradesh could legally and validly appoint any person as the Competent Authority to perform the function of the Competent Authority under Chapter VI. But in the instant case, the Governor of Andhra Pradesh himself, in exercise of the delegated power under Section 70 of the Act, has framed the rules called “Andhra Pradesh Housing Board Rules, 1959” (for short “the Rules”), governing, among other things, appointment of the Competent Authorities also. The relevant Rule is Rule 23. Rule23(i) of the Rules speaks about categories of service in the Board
and that includes the competent authority. Sub-rule (3) of Rule 23 prescribes qualifications mat a person should possess for appointment to the office of the competent
authority.
5. Sub-rule (3) provides that appointment to the categories of posts mentioned in column (2) of the table should be made by the method specified in column (3) thereof. The language employed in sub-rule (3) of Rule 23 is specific, precise and does not admit more than one meaning, and the only meaning is that the appointment made to the office of Competent Authority should be from the categories of persons specified under the heading “Method of appointment”. A Revenue Divisional Officer or First Class Munsif Magistrate may be appointed validly as the competent authority or in the alternative, an official serving in the board in category 4 may be appointed as the Competent Authority by way of promotion subject to such employee possessing the minimum service of 5 years as Assistant Secretary or Legal Assistant, as the case may be, and such employee completing satisfactorily the period of probation and further possessing a Degree of Law from any University of India or any other equivalent qualification recognised by the Government of Andhra Pradesh.
6. It is trite to stato that there is absolutely no reference to the Executive Engineer (Housing) in column (2) of the table. It is equally trite to state that the Government having framed the Rules by virtue of Section 70 of the Act, is equally governed by the statutory Rules. It is not brought to my notice by the learned Government Pleader for Housing any amendment brought about to Rule 23 or the qualifications prescribed in column (3) of the table. Although clause (6) of Section 2 of Ihe Act speaks about the power of the
Governor to appoint “any person” as the Competent Authority, that power has to be exercised by the Government with due deference and subject to the prescription made by the Government itself in Rule 23. Therefore, it should be held that appointment of the Executive Engineers (Housing) as the Competent Authorities to exercise the power of evicting the encroachments should be held to be ultra vires of the Act.
7. In the result, all these writ petitions are allowed and the impugned G.O.Ms. No.56 Housing (HB2) Department, dated 24-7-1997 is declared as invalid and ultra vires of the A.P. Housing Board Act, 1956 and the Rules framed thereunder by issuing writ of mandamus. The concerned Competent Authorities {The Executive Engineers (Housing)} are prohibited from exercising the powers conferred upon the Competent Authorities under Chapter VI of the Act and proceeding against the petitioners herein. The parties are directed to bear their own costs.
8. At this stage, the learned Government Pleader submitted that the Government would issue a fresh Government Order appointing the qualified persons as the Competent Authorities for taking appropriate action against the petitioners and, therefore, the status quo obtaining as on today be continued for a further period of one moth to enable the Government to take appropriate action. Having due regard to this submission and keeping in mind the public interest, I think it is just and equitable that the status quo obtaining as on today be continued for a further period of one month from today. It is directed accordingly.