IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 17418 of 2003 Between: 1 Resident, Welfare Association, A.P. Housing Board Colony, Moulali, Rep. by its President Sri C. Jaihind, S/o. Late Sri Rajaiah,R/o.H.No.0-260/EWS A.P.Housing Board Colony,Moulali,RR Dist 2 Sri Vigneswara Temple Committee, rep. by its Secretary, Sri B. Narasinga Rao Sri. B. Narasinga Rao S/o. Late B. Anjaiah, R/o. H.No. 213/EWS, A.P.Housing Board Colony, Phase-II, Moulali, Ranga Reddy (District). ..... PETITIONERS AND 1 A.P.Housing Board, Rep. by its Vice-Chairman, Gruhakalpa, Hyderabad 2 The State of A.P., Rep. by is Additional Secretary, Housing Department, A.P., Hyderabad 3 The Executive Engineer, Housing, South Division, A.P., 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 an appropriate Writ or order or direction under Article 226 of the Constitution of India, particularly one in the nature of Writ of Mandamus directing the respondents to receive the amount at the rate of Rs. 350/- per Sq. yard in six equal installments as agreed and hand over the vacant land of 148 Sq. metres situated adjacent to House No. 192/EWS, A.P., Housing Board Colony, Phase-II, Moulali, Kapra Municipality, Ranga Reddy (District) to the 1st petitioner Association for the purpose of construction of liberty, after calling for the records Counsel for the Petitioners: MR.PRATTIPATI VENKATESWARLU Counsel for the Respondents: MS.G.SUDHA The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17418 of 2003 ORDER: Resident Welfare Association, Andhra Pradesh Housing Board (APHB) Colony, Moulali, Ranga Reddy District, and Sri Vigneswara Temple Committee, Ranga Reddy District, ﬁled instant writ petition seeking a writ of Mandamus directing the respondents to allot/handover vacant land admeasuring 148 sq.yards adjacent to house No.192/EWSH in APHB colony, Phase II, Moulali, after accepting payment at Rs.350/- per sq. yard in six annual instalments to first petitioner association. The fact of the matter, in brief, is as follows. APHB launched a scheme for construction of houses in Moulali. In the layout prepared, open space for children park and for construction of water reservoir and library etc., was provided. First petitioner association is interested in constructing library. Therefore, when APHB made attempts to auction the land, the petitioners requested not to do so. When notiﬁcation dated 05.01.1988 was issued by the respondents, ﬁrst petitioner association ﬁled W.P.No.1052 of 1988 to quash the same. By order dated 18.03.1996, this Court disposed of said writ petition directing APHB not to put open space to auction. Thereafter ﬁrst petitioner association ﬁled C.C.No.375 of 1997. While disposing of said contempt case, this Court gave liberty to ﬁrst petitioner association to approach the Government for allotment of land in question. Accordingly ﬁrst petitioner association made representation dated 14.12.1998. The Government forwarded the same to Vice Chairman and Housing Commissioner of APHB. First petitioner association was called for negotiations. The meeting did not yield any result. Aggrieved by the delay on the part of APHB in transferring land, instant writ petition is filed. Third respondent ﬁled a counter-aﬃdavit on behalf of the respondents, inter alia, stating that APHB constituted a sub- committee to consider the request of house owners for allotment of adjacent land. When the meeting failed, president of ﬁrst petitioner association sought time by letter dated 13.08.2003 and immediately ﬁled instant writ petition. Therefore, the decision could not be taken. It is also stated that Housing Board Colony Youth Association (Moula-Ali) has also approached APHB for allotment of land in question for “Recreation Club and Gym”. APHB is not responsible for the delay. A perusal of the counter-aﬃdavit would show that as of now no decision is taken by APHB either allotting or rejecting request of petitioners for allotment of land in question for the purpose of library. Unless and until a speciﬁc decision is taken the petitioners cannot said to have any grievance. Learned standing counsel submits that there is change in the policy with regard to vacant land/stray of sites in the approved layout. If that be so, any decision to allot the land to ﬁrst petitioner association for constructing a library for the beneﬁt of the residents of the colony has to be in tune with such policy. This Court is, therefore, of the considered opinion that the matter be placed before APHB for taking appropriate decision. Two months time is granted to APHB to take a decision and communicate the same to the petitioners. With the above observations, the writ petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 24th September, 2008 GHN To 1 A.P.Housing Board, Rep. by its Vice-Chairman, Gruhakalpa, Hyderabad 2 The State of A.P., Rep. by is Additional Secretary, Housing Department, A.P., Hyderabad 3 The Executive Engineer, Housing, South Division, A.P., Housing Board, Hyderabad. 4 2CD copies Form-NIC-OGS/WP{ESWAR}