IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9322 of 2009 Between: 1 Sai Ram Printers, Rep by its Proprietor, Sri Punnam Prabhakar Reddy, S/o. Madhusudan Reddy, aged 58, Occ: Business, R/o. H.No.3-9-276, Reddy Colony,'Hanamkonda, Warangal District. 2 Vijaya Industrial Works, Sri Punnam Prabhakar Reddy, S/o. Madhusudan Reddy, aged 54, Occ: Business, R/o. H.No.3-9-276, Reddy Colony,'Hanamkonda, Warangal District. ..... PETITIONER(S) AND 1 The Andhra Pradesh Small Scale Industrial Development Corporation Limited, Rep by its Managing Director, Parisrama Bhavan, Basheerabagh, Hyderabad, 2 The Liquidator, The Andhra Pradesh Small Scale Industrial Development, Parisrama Bhavan, Basheerbagh, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue writ or direction preferably a WRIT OF MANDAMUS declaring the actionof the respndents in not handling over the sheds in favour of the petitioners as per their allotment vide ref.No.CGW/allotment/94 dated 12.07. 1997 as illegal, arbitrary and violative of principals of natural justice and consequently direct the respondents to handover the possession of sheds bearing No.8, 9, 20 & 21 of Craftsman Guild, Industrial Estate, Warangal to the petitioners and pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: MR.N.V.JAGANNATH The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9322 of 2009 ORDER: 1 According to the petitioners, they were allotted four sheds i.e. shed bearing Nos.8, 9, 20 and 21 of Craftsman Guilt of Central Estate, Warangal as early as in the year 1997. But due to litigation between the respondent Corporation and the original allottees, the petitioners could not take possession of the same. However, the said litigation was over in the year 2007 and in the light of the closure of the said litigation, according to the petitioners, they are entitled to get possession of the said sheds. But, however, the respondents are not handing over possession of the said sheds to them. Hence they approached this court and filed the present Writ Petition. 2 A detailed counter affidavit is filed on behalf of the respondents wherein it is stated that the petitioners were allotted shed bearing Nos.10, 19, 4 and 25 and they are attending to their works, but they have not paid the rentals properly and as on date the petitioners have to pay Rs.2,15,719/- towards rent to the respondents. It is further stated that the respondent Corporation went into liquidation and accordingly a resolution was passed on 29.12.2001 appointing one Mr.K. Haragopal as liquidator as per the provisions of the Companies Act and he took charge as liquidator on 03.01.2002. Thereafter the entire properties and assets of the Corporation were under the control of the said liquidator. 3 Heard both sides. 4 When once it is the contention of the learned standing counsel appearing for the respondents that the Corporation itself is under liquidation, in my considered view, the question of allotment of said sheds in favour of the petitioners on lease basis does not arise. In fact, the properties of the Corporation that are available are sold to meet the expenditure and also to pay to the existing creditors. In that view of the matter, if the petitioners so chose they may offer their price for purchase of the sheds bearing Nos.8, 9, 20 and 21 of Craftsman Guilt of Central Estate, Warangal and as and when the petitioners come forward with such a request, the respondent Corporation may consider the said request and sell the said sheds to the petitioners. 5 The Writ Petition is accordingly disposed of. No order as to costs. ----------------------------- 06.10.2009 Kvsn