IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 37 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/09/2008 in WP NO : 22062 OF 2007 on the file of the High Court.) Between: K.M.Sarojini W/o.Late K.P.Ratnam R/o.Quarter No.8, Municipal Colony, Konkapally village, Amalapuram Mandal East Godavari District ..... APPELLANT AND 1 The Government of Andhra Pradesh, rep.by its Secretary Municipal Administration, Secretariat,Hyderabad 2 The Commissioner and Director of Municipal Administration Masabtank,Hyderabad 3 The Amalapuram Municipality, Rep.by its Municipal Commissioner, Amalapuram, East Godavari District .....RESPONDENTS Counsel for the Appellant:MR.K.SYAM PRASAD Counsel for the Respondent Nos.1 and 2: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.3: S. Nageswara Reddy The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL No : 37 of 2009 Oral Judgment: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is directed against the order of the learned single Judge dated 16.9.2008, made in Writ Petition No.22062 of 2007. The facts in brief are that the appellant herein is a retired Head Mistress of Municipal Elementary School, Amalapuram. While she was in service, she was allotted a quarter being, LIGH Quarter No. 8 in the year 1966. Subsequently, the Government with a view to allot the houses on hire purchase basis to the existing occupants, issued G.O. Ms. No. 110, Housing dated 7.10.1967. In that regard, the Government issued various instructions from time to time. Besides this, it also invited proposals from the Commissioners of the respective Municipalities. On receipt of such proposals, the Government after reviewing the matter, issued G.O. Ms. No. 56, dated 28.10.1989 ,whereby and whereunder it took a decision to allot houses on hire purchase basis to all those persons who were in occupation prior to October, 1986 and on condition of the allottees depositing 1/5th of the cost of the houses. Assailing the same, the appellant earlier filed Writ Petition No.14029 of 2006. Through order dated 23.11.2006, this Court disposed of the said writ petition directing the respondents therein to expedite further steps at an early date. It appears, when the appellant failed to deposit 1/5th of the cost of the house, the Commissioner of Amalapuram Municipality, the 3rd respondent herein, issued the impugned endorsement dated 27.8.2007, directing the appellant to vacate the quarter in question. Challenging the same, the appellant filed Writ Petition No. 22062 of 2007 impugned in this writ appeal, seeking to extend the benefit of G.O. Ms. No. 56, dated 28.10.1989. However, through order dated 16.9.2008, a learned single Judge of this Court dismissed the said writ petition. Aggrieved, the appellant filed the present writ appeal. Heard the learned counsel for the appellant, the learned Government Govt. Pleader for Municipal Administration & Urban Development as well as the learned Standing Counsel for the Municipality and perused the impugned order. There is no dispute about the fact that the appellant was allotted LIGH Quarter No. 8 in Alapati Municipal Colony of Amalapuram in the year 1966 and she had been residing in the said quarter since then. There is equally no dispute about the fact that the Government with a view to allot the quarters in question to those who are in occupation of the same, took a decision to allot houses on hire purchase basis to all those persons who were in occupation prior to October, 1986 and on condition of the allottees depositing 1/5th of the cost of the houses, has issued G.O. Ms. No. 56, dated 28.10.1989. Since the appellant did not comply with the mandatory requirement of depositing 1/5th of the cost of the quarter in question as stipulated in the aforesaid G.O., the 3rd respondent issued the impugned endorsement dated 27-8-2007 directing the appellant to vacate the premises in question within one month from the date of receipt of the said endorsement. That apart, there is no material on record to show that the appellant ever approached the respondents seeking to pay the requisite demanded amount and the authorities refused to receive the same. In the circumstances, we do not find any justifiable reason to interfere with the well reasoned order of the learned single Judge. The writ appeal fails and it is accordingly dismissed at the admission stage. No costs. However, the appellant is granted time till 31.3.2009 to vacate the quarter in question. ___________________ T. MEENA KUMARI,J DATE: 22nd JANUARY, 2009 __________________________ C.V.NAGARJUNA REDDY,J pnb