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.8569 of 2002 Between: B.Uma W/o.B.S.Lakshman R/o.H.No.1-1-187/3/17, Vivek Nagar, Chikkadpally, Hyderabad. ..... PETITIONER AND 1 The Vice Chairman & Housing Commissioner A.P.Housing Board Hyderabad 2 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 may be pleased to issue a Writ, Order or Direction , more particularly one in the Nature of Writ of CERTIORARI calling for Records pertaining to Proceedings No.B22/F12/MIG.II/BLP/E1/EE/(Hg)/S/2002/706, dt:.1-4-2002 on the ﬁle of the 1st respondent and QUASH the same as illegal and arbitrary and consequently restrain the Respondents from interfearing with the peaceful possession of Flat No.B23/F1, HIG.II, Ph.II, Baghlingampally, Hyderabad , in the interest of justice and pass Counsel for the Petitioner:MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent : MR.J.PRABHAKAR FOR R The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8569 of 2002 ORDER: None appears for either side. It is the case of the petitioner that she applied for allotment of Flat in the A.P.Housing Board Colony under scheduled caste category and she was allotted Flat No.B23/F1 on the basis of drawal of lots conducted on 22-03-1997 and immediately, 40% of the estimated cost was paid, and thereafter she paid full amount of Rs.6,00,000/- and took possession of the Flat way back in the year 2000 from the respondents. Thereafter, the 1st respondent passed the impugned order, dated 01-04-2002, cancelling allotment of the Flat in question and ordering refund of Rs.6,15,800/- to the petitioner on the ground that the husband of the petitioner also applied under the same scheme and he was also allotted Flat No.B22/F12 on the basis of drawal of lots conducted on 22-03-1997. A counter has been ﬁled admitting that the petitioner has paid full amount, but disputes with regard to handing over possession of the said Flat to the petitioner as well as renovation of the said building and additional amount of Rs.3,50,000/-. It is stated that the petitioner as well as her husband applied for allotment of Flats and the husband of the petitioner was allotted Flat No.B22/F12, whereas the petitioner was allotted Flat No.B23/F1. As per the Scheme, both of them are not entitled for allotment of the Flat and, therefore, the allotment of Flat No.B23/F1 in respect of the petitioner was cancelled vide impugned order, dated 01-04-2002. A perusal of the impugned order goes to show that without issuing any notice and without giving any reasonable opportunity to the petitioner, the impugned order has been passed. Having regard to the facts and circumstances of the case, without going into the merits of the case, the impugned order of the 1st respondent, dated 01-04-2002 is set aside and the matter is remitted to the 1st respondent to issue a show-cause notice, giving reasonable opportunity to the petitioner, and take appropriate action in accordance with law. Accordingly, the writ petition is allowed. 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{BDLNM}