HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.28147 of 1998 Dated this the 17th day of January, 2008 Between: T. Nagamalleswara Rao and 16 others … Petitioners AND The Competent Authority under the A.P. Housing Board Act, Vijayawada Division, V.H.R. Complex, Beasant Road, Vijayawada and 2 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.28147 of 1998 ORDER: This Writ Petition has been filed by the petitioners seeking to declare that the impugned notice dated 28.08.1998 asking them to vacate the houses allotted to them is illegal, arbitrary, void and unsustainable under law. 2) The petitioners are some of the allottees of the houses in Housing Board Colony at Repalli. As per the terms and conditions of the allotment, they were required to make initial payment and the remaining amount has to be paid by monthly instalments. But the petitioners failed to pay the amount on the pretext of non-approval of lay out, non-providing of drinking water, drainage, lights etc. The Housing Board issued several notices and when no payment was made, they issued the impugned order asking them to vacate the houses allotted to them. 3) The learned counsel for the petitioners did not point out any illegality in issuing the eviction notice except representing that the Housing Board is insisting for penal interest and they are ready to pay the remaining cost without any penal interest at the rate of 6% as provided in the Housing Board Act. 4) It is contended that the Housing Board failed to fix the final cost to enable them to pay the amount despite a direction given by this Court in another writ petition. 5) The non-fixing of the final cost is not a ground for failure of the petitioners to pay the provisional cost estimated by the Housing Board as per the terms and conditions of allotment. I do not find any ground to quash the impugned notice of eviction issued by the Housing Board. 6) Accordingly, the Writ Petition is dismissed. However, it is for the Housing Board to consider the representations of the petitioners as they are expressing that they are ready to pay the cost of houses as per the allotment conditions and according to the provisions of the Act. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 17.01.2008 Isn