IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13255 of 2002 Between: Sri. G. Laxman Rao, S/o. Late Sri Subba Rao, R/o. H.No.24 LIG -II, (MCH No. 7-1-277/59/65, Sanjeevareddy Nagar, B.K. Guda, Hyderabad. ..... PETITIONER AND 1 The Competent Authority, North and Western Division, Andhra Pradesh Housing Board, Guruhakalpa, M.J. Road, Hyderabad. 2 The Andhra Pradesh Housing Board, Rep. by its Housing Commissioner and Vice Chairman, Guruhakalpa, M.J. Road, Hyderabad. .....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 may be pleased to issue Writ, Order or Direction more in the nature of Mandamus declaring the order of the ﬁrst respondent passed in his proceedings No.24/CA1/98 dated 3-7-2002 ordering the eviction from the premises bearing No.24 LIG-II, Sanjeevareddy Nagar, Hyderabad, is arbitrary and illegal and consequently direct the respondent not to interfere with possession of the petitioner and to pass Counsel for the Petitioner:MR.K.BATHI REDDY Counsel for the Respondent No.: MS.G.SUDHA The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.13255 of 2002 ORDER: Petitioner questions the order of the 1st respondent, dated 03-07-2002, ordering eviction from the land admeasuring 10.55 sq. yards situated at B.K.Guda, Sanjeevareddy Nagar, Hyderabad. It is the case of the petitioner that originally one Mohd.Khaleelullah was allotted house bearing No.24 LIG-II by the A.P.Housing Board vide registered sale deed bearing Document No.4573/89. Thereafter, the said Khaleelullah sold the said house in favour of the petitioner through registered sale deed bearing document No.2465/90, dated 25-06-1990. It is stated that after allotment of the said house, the vendor of the petitioner encroached the land admeasuring 10.55 sq. yards belong to the A.P.Housing Board, which is adjacent to the house of the petitioner, which is not at all useful either for the Housing Board or to any third party. Therefore, the petitioner, after purchase of the said house, made an application to the A.P.Housing Board on 14-02-1992 requesting to alienate the said land. Accepting the request of the petitioner, the 2nd respondent vide his Memo No.3735/J6/94, dated 08-06-1995, directed the petitioner to pay a sum of Rs.13,150/- towards cost of the land, charges for preparation of registration plans, conveyance charges and encroachment fee, within one month, failing which, 18% interest will be levied on the delayed payment. It appears that aggrieved by the said quantum of amount, the petitioner made a representation before the 2nd respondent requesting to reduce the amount. After issuing certain notices, the impugned order has been passed by the 1st respondent vide proceedings No.24/CA1/98, dated 03-07-2002 in exercise of its power conferred under Sections 52 and 53 of A.P.Housing Board Act, 1956 (for short “the Act”), ordering eviction of the petitioner from the said encroached land of 10.55 sq. yards and also directed the petitioner to pay a sum of Rs.32,800/- towards encroachment fee of the land in question. Petitioner questions the said notice on the ground that the respondents are entitled to collect interest only at the rate of 18% on the earlier determined amount of Rs.13,150- vide proceedings of the 2nd respondent, dated 08-06-1995 and Section 52 of the Act has no application, as it cannot be said that the petitioner is in unauthorized occupation after passing of the order, dated 08-06-1995. It appears that the impugned proceedings have been initiated by the 1st respondent only on the ground that the petitioner has not paid the amount determined by the 2nd respondent vide proceedings, dated 08-06-1995 i.e., Rs.13,150/-. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the petitioner is liable to pay the amount, as ordered by the 2nd respondent vide his Memo, dated 08-06-1995, amounting to Rs.13,150/- along with interest at the rate of 18%, as indicated thereon, as well as encroachment fee of Rs.32,800/-, as ordered by the 1st respondent in the impugned order. However, learned counsel appearing for the petitioner submits that the petitioner had already paid a sum of Rs.10,000/-, pursuant to the interim order of this court, dated 22-07-2002. Accordingly, the writ petition is allowed directing the respondents to transfer the land admeasuring 10.55 sq. yards situated at B.K.Guda, Sanjeevareddy Nagar, Hyderabad, in favour of the petitioner, on payment of Rs.13,150/- along with interest at the rate of 18% thereon, pursuant to the Memo of the 2nd respondent, dated 08-06-1995, as well as encroachment fee of Rs.32,800/-, pursuant to the impugned order of the 1st respondent, dated 03-07-2002. However, it is made clear that the amount of Rs.10,000/-, which was already paid pursuant to the interim order of this court, dated 22-07-2002, shall be given credit to. There shall be no order as to costs. __________ 28-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}