IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3689 of 2008 Between: M. Sakkubai W/o. M. Kesava Reddy R/o. H. No. 1-2-304, Flat No. 501, Arvind Residency, Domalguda, Gaganmahal Road, Hyderabad-500 029 ..... PETITIONER AND 1 A.P. Housing Board, rep. by Vice Chairman I Floor, Gruhakalpa Building, M.J. Road, Hyderabad-1 2 Executive Engineer (South Division) A.P. Housing Board, Hyderabad-1 .....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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in showing the site location encompassing the petitioners plot in sketch plan by A.P. Housing Board in Sy. No. 844/1 adjacent to Balamrai Cooperative Housing Society, Maredpally, Secunderabad abutting existing house on Plot No. 269 as illegal, arbitrary and without jurisdiction and in violation of Article 300(A) of the Constitution of India and consequently direct the respondents to delete Plot No. 268 admeasuring 311.11 sq. yards in Sy.No. 74/6, Balamrai Cooperative Housing Ltd., Mahendra Hills, East Maredpally, Secunderabad from the auction Schedule of Sy. No. 844/1 adjacent to Balamarai Cooperative Housing Society, Maredpally, Secunderabad. Counsel for the Petitioner: SMT.D.PRAMADA Counsel for the Respondents: SRI D.RANGANATHA KUMAR The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 3689 of 2008 Order: This writ petition is filed seeking a Mandamus declaring the action of the respondents-A.P. Housing Board in showing the site in Survey No. 844/1, situated adjacent to existing house on Plot No.269, Balamrai Co-operative Housing Society, Maredpally, Secunderabad, encompassing the petitioner’s plot No.268 in the location plan annexed to the auction notice, as illegal and arbitrary, and consequently to direct the respondents to delete Plot No.268, admeasuring 311.11 Sq. Yards in Survey No. 74/6, Balamrai Co-operative Housing Society Limited, Mahendra Hills, East Maredpally, Secunderabad from the auction schedule of Survey No.844/1 situated adjacent to Balamrai Co-operative Housing Society, Maredpally, Secunderabad. The contention of the petitioner is that she is the owner of plot No.268, admeasuring 311.11 Sq. Yards, situated in Survey No. 74/6 of Balamrai Co-operative Housing Society, Mahendra Hills, East Maredpally, Hyderabad, and in the location plan annexed to the auction notice issued by the respondents-A.P. Housing Board, her plot No. 268, which is adjacent to Plot No. 269, was also shown in the site earmarked for auction. However, when the matter is taken up for admission today, learned Standing Counsel for the respondents-Housing Board produced a copy of instructions dated 21.02.2008, received from the 2nd respondent, before this Court, wherein it is stated that the land admeasuring 2165 Sq. yards proposed to be auctioned is situated in Survey No.844/1, which is close to Delhi Public School, Mahendra Hills, and it is not situated in Survey No. 74/6, Balamrai Co-operative Housing Society, Mahendra Hills as alleged by the petitioner, and plot No.268 of the petitioner is not part of the land proposed to be auctioned. Recording the said statement made by the respondents-A.P. Housing Board that the petitioner’s land is not going to be auctioned, the writ petition is closed. No costs. ___________________ N.V. RAMANA, J. Date: 22.02.2008 Note: Issue CC by tomorrow (B/O) Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 A.P. Housing Board, rep. by Vice Chairman I Floor, Gruhakalpa Building, M.J. Road, Hyderabad-1 2 Executive Engineer (South Division) A.P. Housing Board, Hyderabad-1 3. 2CCs to 4. 2CD copies Form-NIC-OGS/WP{VSMI}