IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 24492 of 2004 Between: 1 Mohd. Afzal Pasha S/o Modh. Yousuf R/o 13-1-641/3, Mangalhat, Hyderabad. 2 Mohd. Moinuddin S/o Mohd. Yousuf, R/o 13-1-641/3, Mangalhat, Hyderabad. ..... PETITIONERS AND 1 AP.Housing Board, rep.by its Vice Chairman, Hyderabad. 2 Assistant Estate Officer (land ). AP., Housing Board, 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 of Mandamus or any other appropriate writ declaring that the action of the respondent in evicting the petitioners from the land admeasuring 120 sq. yds, covered by Premises No.13-1- 641/3 (Portion) situated at Mangalhat, Hyderabad, as illegal, arbitrary and unconstitutional and consequently direct the respondents not to interfere with the possession of the petitioners over the said premises except in accordance with law and grant such other relief as it deems ﬁt in the circumstances of the cases. Counsel for the Petitioners: MR.V.VENKATARAMANA Counsel for the Respondents: MR.D.RANGANATHA KUMAR The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24492 of 2004 ORDER: The petitioners occupied premises bearing No.13-1-641/3 (Portion) admeasuring 120 sq. yards situated in Mangalhat, Hyderabad. They claim that they are in possession of the land since long and using the same for residence and keeping buffalos. They submitted applications to ﬁrst respondent on 05.07.2002 and 19.05.2003 requesting to allot the land by way of sale. Thereafter on 23.12.2004 second respondent allegedly went to the premises and tried to evict the petitioners, aggrieved by the same, instant writ petition is filed. A counter-affidavit is filed opposing the writ petition. It is stated that the petitioners are encroachers of the housing board land and they are not entitled for allotment. However, it is not denied that procedure contemplated under Section 52 of the Andhra Pradesh Hosing Board Act, 1956 (the Act, for brevity) is not followed by the officials. In view of the counter averments, the writ petition is disposed of observing that unless and until due process of law under Section 52 of the Act is followed, the petitioners cannot be evicted by coercion. Except making this observation, relief prayed for in this writ petition cannot be granted as the petitioners cannot compel a statutory body to sell its land to them. Further as per Rule 29(i) of the Andhra Pradesh Housing Board Rules, 1959, housing board lands have to be sold by public auction. No costs. _____________ (V.V.S.RAO, J) 22nd September, 2008 GHN To 1 AP.Housing Board, rep.by its Vice Chairman, Hyderabad. 2 Assistant Estate Officer (land ). AP., Housing Board, Hyderabad. 3 2CD copies Form-NIC-OGS/WP{GR}