IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 24786 of 2004 Between: Chand Pashad, S/o. Shaik Mahmood Saheb, R/o. 20-3-859/A/1, Dal Mandi, Shah Gunj, Hyderabad. ..... PETITIONER AND 1 The Executive Engineer (Housing), North Division, A.P. Housing Board, Bharat Nagar, Hyderabad. 2 The Vice Chairman & Housing Commissioner, A.P. Housing Board, Office at Gruhakalpa, Nampally, 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 to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in cancelling allotment of House No. 127-HIG-B, at Gatchi Bowli vide proceedings NO. 1983/EM6/EE(Hg)N/GB/2003/1795/A dated 4-8-2004 and thereby calling upon the petitioner to pay a sum of Rs. 5,49,754/- vide letter No. 127-HIG- B/EME/B/EE(N)/98/2312 dated 8-12-2004 without deducting the sum of Rs. 2,64,160/- already paid by the petitioner and not considering the representation of the petitioner dated 5-9-2004 as highly illegal and arbitrary, any other relief deemed ﬁt and proper be also granted to the petitioner Counsel for the Petitioner: MR.ABDUL NAJEEB KHAN Counsel for the Respondents: MR.J.PRABHAKAR The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24786 of 2004 ORDER: The petitioner is a resident of Shah Gunj, Hyderabad. Pursuant to a notiﬁcation issued by APHB for allotment of houses at Gatchi Bowli, he applied and was allotted house No.127-HIG-B. He alleges that he completed formalities as per allotment letter and paid an amount of Rs.2,64,160/-. In spite of the same by communication dated 04.08.2004 the allotment was cancelled by second respondent on the ground that in spite of intimation to pay the balance and take possession, petitioner failed to do so. Petitioner then approached second respondent for redressal requesting to complete the formalities and give possession. He also agreed to pay balance amount. Considering the same, ﬁrst respondent passed orders on 08.12.2004 directing the petitioner to pay a sum of Rs.5,49,754/- on or before 29.10.2004, complete other formalities and take possession of the property. Instead of paying the amount the petitioner ﬁled instant writ petition challenging cancellation order dated 04.08.2004 passed by second respondent as well as the order of ﬁrst respondent dated 08.12.2004 calling upon the petitioner to pay the balance amount of Rs.5,49,754/-. The petitioner contends that demanding Rs.5,49,754/- ignoring the amounts paid by the petitioner earlier as against the estimated cost of house Rs.3,95,000/- is illegal and arbitrary. First respondent ﬁled a counter-aﬃdavit, inter alia, stating that an intimation was sent calling upon the petitioner to complete the formalities and take possession and when he failed to do so, the allotment was cancelled on 04.08.2004. However, when a request was made by him, the petitioner was asked to pay a sum of Rs.5,49,754/- after giving credit of the amounts he paid earlier. It is also stated that APHB is ready to refund the amount as per agreement. Learned counsel made their submissions taking their position as per the pleadings. As averred in the counter- aﬃdavit balance amount payable by an allottee carries interest at 17.5% though APHB borrows loan from HUDCO at 19.5% p.a. In that view of the matter the amount demanded by APHB after giving due credit to the payments made by the petitioner earlier cannot be treated as arbitrary. APHB has already shown suﬃcient indulgence to the petitioner calling upon him to pay the balance even though earlier the allotment was cancelled. This Court does not find any merit in the writ petition. The petitioner is given two weeks time from today to pay the amount of Rs.5,49,754/- (Rupees ﬁve lakhs forty-nine thousand seven hundred and ﬁfty-four only) as demanded in the communication/order of ﬁrst respondent dated 08.12.2004. APHB shall not charge any further interest on the said amount. As and when the amount is paid by the petitioner, possession shall be handedover to him after completing formalities. In default of payment, it shall be open to APHB to cancel the allotment and auction it after issuing notiﬁcation as per Regulation 28(iii) of the Andhra Pradesh Housing Board (Allotment, Management and Sale of HIG, MIG, LIG, and EWS Houses or Flats) Regulations, 1997. The writ petition, with the above observations and directions, is disposed of. No costs. _____________ (V.V.S.RAO, J) 23rd September, 2008 Note: Issue CC by 25.09.2008 (B/o) GHN To 1 The Executive Engineer (Housing), North Division, A.P. Housing Board, Bharat Nagar, Hyderabad. 2 The Vice Chairman & Housing Commissioner, A.P. Housing Board, Office at Gruhakalpa, Nampally, Hyderabad. 3 2CD copies Form-NIC-OGS/WP{RLD}