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.9690 of 2002 Between: M/s Chunnilal and Sons Rep. by its Partner Suresh Kumar Guptha, S/o late Sri Ratan Lal, 26/West, adjacent to Gandhi Bhavan, M.J.Road, Hyderabad. ..... Petitioner AND Andhra Pradesh Housing Board, Rep. by its Vice Chairman & Managing Director, Gruhakalpa, M.J.Road, Hyderabad. .....Respondent 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 an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not ﬁnalising the sale of land measuring 787.03 sq.Yards in premises No.26/West situated at M.J.Road, Hyderabad in favour of the Petitioner as recommended by the Board vide letter dt.6.11.2001 and consequently direct the respondent to execute the Sale Deed in favour of the petitioner to the said land. Counsel for the Petitioner: MR.P.SOMA SEKHARA NAIDU Counsel for the Respondent: MR.C.V.RAJEEVA REDDY The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9690 of 2002 ORDER: Petitioner ﬁrm is lessee of premises No.26/West, admeasuring 787.03 Sq.yards situated at M.J. Road, Hyderabad, since 1969. The said premises belongs to Andhra Pradesh Housing Board. It appears that in 2000, respondent oﬀered plot for sale. Petitioner accepted oﬀer and gave a counter oﬀer for purchasing property at Rs.10,000/- per Sq.yard. Thereafter there was correspondence between petitioner and Housing Board but no order is passed ﬁnalizing sale in favour of petitioner. Therefore he ﬁled present writ petition seeking inter alia Mandamus directing respondent to execute sale deed in favour of petitioner. A counter aﬃdavit is ﬁled. While making reference to order of this Court dated 14.10.2003 in W.P.No.26653 of 2001, respondent states that as per the judgment of this Court all the lands in excess of 100 Sq.yards have to be disposed of only by public auction. Petitioner continued as tenant till 23.7.2004 and a notice was served on him on 08.7.2004 directing to vacate premises. When he failed to do so, the matter was referred to competent authority under Sections 52 and 53 of Andhra Pradesh Housing Board Act 1956, and the same is pending. Unless and until any decision is taken by competent authority, no further action would be taken and as per judgment of this Court the land of Housing Board in excess of100 Sq.yards has to be disposed of only by public auction. Admittedly petitioner is tenant of Housing Board for an extent of 787.03 Sq.yards and therefore unless and until there is a change in policy of the Government as well as Housing Board, this Court cannot issue Mandamus, which will go against earlier order of this Court in W.P.No.26653 of 2001. Insofar as petitioner’s right to continue is concerned, the matter is already pending before competent authority and it is always open to petitioner to seek redressal before the said authority. The writ petition, with the above observations, is accordingly disposed of. ______________ (V.V.S.RAO, J) September 19, 2008 YS To 1. The Vice Chairman & Managing Director, Andhra Pradesh Housing Board, Gruhakalpa, M.J.Road, Hyderabad. 2. Two C.D. copies.