THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.22183 OF 2002 Dated 7th October, 2009 Between N.Balatripura Sundari …Petitioner And The A.P. Housing Board and another …Respondents The Court made the following O R D E R: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the second respondent in proposing to demolish the construction raised by her on the vacant site lying adjacent to her flat, without considering her application, dated 02.11.2002, for alienation of the said land in her favour, as illegal and arbitrary and sought for a consequential direction to the first respondent to consider the said application. The case of the petitioner is that she is the owner of flat bearing No.38/2, L.I.G., IV Phase, K.P.H.B Colony, Hyderabad, having purchased the same from the Andhra Pradesh Housing Board. It is stated that adjacent to her flat, there is a 70 square yards of vacant land and as the said land is not useful for any other public purpose, she has constructed a room with asbestos sheets on the said land and using the same. It is the further case of the petitioner that though she submitted an application to the first respondent on 02.11.2002 requesting for allotment of the said piece of land in her favour, without passing any orders thereon, steps are being taken for demolition of the structures raised by her in the said land. Hence, this writ petition. Though the petitioner has referred to in the affidavit filed in support of the writ petition, that there is a policy decision taken by the Housing Board for allotment of vacant land less than 100 square yards to the adjacent owners, but no such policy decision is placed by the petitioner before this Court so as to examine whether the claim of the petitioner will fit into the said policy or not. Moreover, it is submitted that the petitioner is the owner of one of the flats in the apartment, constructed by the Housing Board, in the ground floor and, therefore, she cannot exclusively seek for allotment of the adjacent land in her favour. Normally vacant site will be left in an apartment for the utilisation of all the residents of the apartment. It is also not known on what basis the petitioner has put up the structures on the said vacant land in the absence of any allotment in her favour and permission from the competent authority. In the absence of placing on record the policy decision alleged to have been taken by the Housing Board for allotment of vacant site to the adjacent flat owners, no direction, as prayed for, can be issued in this writ petition. The writ petition is devoid of any merits and is, accordingly, dismissed. No order as to costs. ____________________ R.SUBHASH REDDY, J Dated 7th October, 2009 vrn