IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.8485 of 2003 Between: B.Krishna S/o. Ramulu, H.No.6-1-321, CIB, Quarters, Khairatabad, Hyderabad ..... Petitioner AND 1 Principal Secretary Government of A.P. Housing, Secretariat, Hyderabad 2 Vice-Chairman A.P. Housing Board Off: Gruhakalpa, Hyderabad 3 T.Laxmi Bai R/o. H.No.6-1-320, CID, Quarters, Khairatabad, Hyderabad .....Respondents 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 issue a writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring that the impugned G.O.Ms.NO.88 dated 22/11/2001 issued by respondent 1 and 2 as illegal unconstitutional and arbitrary, consequently the respondent 1&2 may be directed to sell the stray pieces of Land admeasuring 167.49 Sq.yds situated at behind the houses of petitioner & respondent No.3 in two shares to the extent of 81.71 Sq.yds to the petitioner and 85.78 Sq.yds at per decision take by respondent No.1 and 2 on 21/11/2001 . Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.1: THE GOVERNMENT PLEADER FOR A.P. HOUSING BOARD Counsel for the Respondent No.2: MS.G.SUDHA Counsel for the Respondent No.3: NONE APPEARED The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8485 of 2003 ORDER: Petitioner and third respondents are owners of adjoining houses situated in Khairatabad of Hyderabad city. An open plot admeasuring 167.49 Sq.yards is abutting these two houses. Petitioner alleges that third respondent tried to appropriate the land and petitioner ﬁled O.S.No.4109 of 1986 on the ﬁle of the Court of VII Assistant Judge, City Civil Court, for injunction restraining her from encroaching upon land. When second respondent attempted to sell land, petitioner ﬁled W.P. No.9890 of 1988. It appears that third respondent also ﬁled another writ petition. These writ petitions were disposed of by this Court directing Housing Board to consider application of petitioner for allotment of land. Considering the same, Government issued G.O.Ms.No.17, dated 10.2.1999, allotting 86.86 Sq.yards each to petitioner and third respondent at Rs.1,200/- per Sq.yard with interest at 18% per annum from 12.5.1995. Two years thereafter Government issued G.O.Ms.No.88, dated 22.11.2001 cancelling allotment of land under G.O.Ms.No.17, after issuing notice to petitioner and third respondent. Assailing the same, present writ petition is filed. Petitioner contends that Government acted illegally in cancelling G.O.Ms.No.17, dated 10.2.1999, and committed illegality in directing sale of 167.49 Sq.yards of land available on the rear side of houses bearing Nos.A/8 and 40/B, Khairatabad, Hydeabad, by public auction. Learned Standing Counsel for A.P. Housing Board has brought to the notice of this Court a decision of this Court in Abdul Ifran Amoodi v A.P. Housing Board [1], wherein this Court dismissed writ petition seeking direction to Housing Board to allot the land observing that public property is to be disposed of by public auction. The said judgment was aﬃrmed by Division Bench in W.A.No.884 of 2006, dated 23.8.2006. Therefore, this Court does not ﬁnd any inﬁrmity in the impugned G.O.Ms.No.88, dated 22.11.2001. The writ petition is therefore dismissed. No costs. ______________ (V.V.S.RAO, J) September 19, 2008 YS To 1 The Principal Secretary Government of A.P. Housing, Secretariat, Hyderabad 2 Vice-Chairman A.P. Housing Board Off: Gruhakalpa, Hyderabad 3 Two C.C.s to Government Pleader for A.P. Housing Board, High Court of Andhra Pradesh, Hyderabad 4 Two C.D. copies. [1] W.P.No.28064 of 2005, dated 25.1.2006