Telangana HC orders probe into Cherlapally police station lease
HYDERABAD: The Telangana High Court has held that a tenant cannot sublet a property without the owner’s consent and written permission, and that such a sublease is invalid.
The court observed that the Cherlapally Station House Officer had taken a house on sublease and set up a police station without verifying the legal rights over the property. It said such occupation was illegal and unauthorised.
The court directed the Director General of Police (DGP) to conduct an appropriate inquiry into the property owner’s representation and take action in accordance with law within three months.
Owner challenges inaction on February 27 representation
Tirumala Laxmanacharyulu filed a petition in the High Court challenging the failure to act on his representation submitted to the DGP on February 27. He said a police station was being operated from a house he had rented out to another entity and sought appropriate action.
Justice EV Venugopal recently heard the petition.
The petitioner’s counsel told the court that Laxmanacharyulu had leased a ground-plus-two-storey building on 240 square yards at EC Nagar in Cherlapally, Medchal-Malkajgiri district, to the Cherlapally Notified Municipal Industrial Area Services Society for ₹ 36,000 a month.
The counsel said the society subsequently sublet the building for use as a police station without the petitioner’s permission. He also said rent and electricity bills were pending.
The petitioner said he was unable to get the premises vacated because a police station was operating from the building. He approached the DGP, but no action was taken on his representation, the court was told.
Court says lease period has already expired
The government counsel told the court that all rent arrears had been paid in March.
After hearing the arguments, the judge noted that the petitioner had rights over the property and that the agreement showed the building had been leased to the society for 11 months. The lease period had also expired.
The court held that the society’s decision to sublet the property without the owner’s permission was contrary to law. It also observed that the Cherlapally Station House Officer should have verified whether the society had the legal authority to create a sub-tenancy before occupying the premises.
The court directed the DGP to examine the petitioner’s representation and take appropriate action within three months, and disposed of the petition.
