IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19077 of 2007 Between: Nampally Vyayamshala, a society reg. under AP (Telangana Area) Public Society Reg. Act, 1350 FAsli Nampally, Hyderabad and rep. by its Hon'ble President Keshav Kumar Agarwal. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Housing Accomodation, Secretariat Buildings, Hyderabad. 2 The Andhra Pradesh State Housing Board, rep. by its Vice Chairman, Gruhakalpa, Mukarramjahi Road, .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Board i.e., Respondent No.2 issuing the Letter No. 20509/J5/77 dated 31.7.2007 cencelling the lease unilaterally and not expecting the sale as per agreement dated 30.9.2000 as per note file of A.P.H.B. as illegal, and void, and opposed to Article 14, 19, 21 and 300-A of Constitution of India and consequently to set aside the same and pass such other order or orders. Counsel for the Petitioner:MR.N.SUBBA RAO Counsel for the Respondent No.: GP FOR HOUSING The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 19077 of 2007 Order: Questioning the impugned letter dated 31.07.2007, issued by the respondent-A.P. Housing Board, whereby they informed the petitioner that since the lease period of the premises has already been expired, they decided not to extend it, and the amount sent by him through Cheque was adjusted towards user charges/damages as he was continuing in the premises, the petitioner filed the present writ petition. Learned counsel for the petitioner submits that the respondents have already filed a petition for eviction, under Section 52-2/A of the A.P. Housing Board Act, 1956, before the Competent Authority (South and Central), and the same is pending consideration, which fact was not denied by the learned Standing Counsel for the respondent-A.P. Housing Board. Since the petition, filed by the respondent-A.P. Housing Board, under Section 52-2/A of the A.P. Housing Board Act, 1956, for eviction of the petitioner from the land in question, is pending consideration before the Competent Authority (South and Central), both the counsel for the petitioner as well as the learned Standing Counsel for the respondent- A.P. Housing Board agreed to dispose of the writ petition with the following directions: The respondent-A.P. Housing Board is at liberty to move the Authority concerned for early disposal of the eviction petition filed by them against the petitioner herein. Till the disposal of the said petition, the respondents are directed not to evict the petitioner from the land in question. If any amounts are paid by the petitioner, the same can be adjusted towards rent after passing of final orders in the eviction petition. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 03.03.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}