THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 2602 of 2009 Order: This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioners/accused seeking to quash the proceedings in C.C. No.1478 of 2006 on the file of the IX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad. The case of the petitioners/accused, in brief, is as follows. In response to the notification issued by the A.P. Housing Board, Kukatpally, petitioner No.1 made an application to the said Housing Board for allotment of house and that on 19.02.1998 he was allotted house bearing No.HIG-91, Phase-V. The Housing Board, vide letter dated 04.01.2001, communicated final cost of the house at Rs.5,81,700/- after adjusting 10% EMD and 20% of the estimated cost of the house. He was permitted to pay the balance amount in 48 quarterly equal instalments, but he did not pay the instalments regularly. On 25.11.2005 he requested the Housing Board to intimate the outstanding amount and the Housing Board, vide its letter dated 26.11.2005 communicated that the total outstanding amount was Rs.7,56,059/- which includes penal interest and directed petitioner No.1 to pay the entire amount by 30.11.2005. Then he approached Canara Bank, Kukatpally, for housing loan, which sanctioned him the housing loan and sent demand draft bearing No.619872, dated 30.11.2005, for Rs.7,13,409/- to the Housing Board. Then the Housing Board encashed the said demand draft and thus the Housing Board received the entire sale consideration amount from petitioner No.1. According to petitioner No.1, possession of the house was handed over to him on 23.01.2006 and the Housing Board also addressed a letter to the Divisional Electrical Engineer to provide service connection to his house. Then, the petitioner No.1 himself addressed letters dated 14.02.2006 and 15.04.2006 to arrange registration of said house and he also issued a telegram on 20.04.2006. Then, W.P. No.8421 of 2006 seeking a direction to execute sale deed and another W.P. No. 9092 of 2006 seeking to declare the action of the police in interfering with the civil dispute as illegal were filed by petitioner No.1. This Court, by an elaborate order dated 05.10.2007, allowed the said writ petitions. The case of the Housing Board appears to be that though the Housing Board sent notices to petitioner No.1 requesting him to take possession of the house, but he did not take possession of the house and the Housing Board was using the said house as its office. It is alleged that on 25.11.2005 petitioner No.1 approached the EE of the Housing Board regarding payment of balance amount and on 30.11.2005 he paid Rs.7,56,059/- i.e., total cost of house and the Housing Board authorities entered into a lease-cum-sale agreement with petitioner No.1 and delivered allotment letter in his favour. However, their case is that the Vice Chairman and Housing Commissioner of APHB did not approve the proposal of allotment of the house to petitioner No.1 and therefore it cancelled the allotment made in favour of petitioner No.1 and returned the entire amount to him through account payee cheque. Since the writ petitions filed by petitioner No.1 have been allowed, the contention of the Housing Board that the allotment of house in favour of petitioner No.1/A1 stands cancelled holds no water. Having regard to the facts and circumstances of the case, it is clear that petitioner No.1 was allotted the house and though there was some delay in payment of amount, but subsequently he paid the entire amount. The Housing Board, having received the entire amount and issued allotment letter, cannot go back and cancel the same. In view of the same, it is clear that the dispute is of purely civil nature and, therefore, it cannot be said that there was any mala fide intention on the part of the petitioners attracting the offences punishable under Sections448 and 427 IPC. Accordingly, the Criminal Petition is allowed and the proceedings in C.C. No.1478 of 2006 on the file of the IX Metropolitan Magistrate, Kukatpally, Miyapur, are quashed. _______________________ B. CHANDRA KUMAR, J. Date: 24.11.2011 Nsr