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 : 14958 of 2005 Between: 1 B.Ram Linga Reddy, S/o.B.Shankar Reddy, R/o.H.No.3-5-199/B3, Narayanguda, Hyderabad. 2 Smt.B.Urmila Devi, W/o.B.Ram Linga Reddy, R/o.H.No.3-5-199/B3, Narrayanguda, Hyderabad. 3 Sri Uma Kanth, S/o.Pandurangh Bhat, R/o.Flat No.201, H.No.2-1-420, Nallakunta, Hyderabad. ..... PETITIONERS AND 1 A.P.Housing Board, Gruhakalpa, Hyderabad rep.by its Vice Chairman & Managing Director. 2 The Govt. of A.P., rep.by its Prl.Secretary Department, of Housing, Secretariat, 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 a writ, order, or direction more in the nature of writ of Mandamus directing the respondents; a) To provide covered car parking to each of the petitioners in their respective blocks i.e.MIG, HIG and HIG in Singapore class town ship situated at Pocharam village, Ghatkesar Mandal, Ranga Reddy District where the petitioners were allotted ﬂats at free of cost; b) To execute a registered sale deed accepting the ﬁnal payment in respect of the ﬂat and undivided share of land on ownership basis instead of registering the undivided share of land on lease basis; c) To maintain 74% of land scaping and 26% of ground coverage for construction of ﬂats in singapore township; d) To pay a sum of Rs.3000/- per month from the month of January 2005 onwards till all the facilities are provided in Singapore town ship including handing over possession of the flats to the petitioners as per the promise made in the notiﬁcation issued in the year 2001 as well as in the accompanied brochure supplied along with the application forms in the year 2001; d) by duly declaring the similar letters vide No.779/A4/Ph-I&II/ EE/(c)/03, dt.1-3- 2005 issued to all the petitioners by imposing the following conditions;- 1. A lease cum sale agreement is to be executed by you, As per existing procedure of Registration Department, you have to pay 5% of the cost of the flat towards registration of the Lease Agreement to the Registration Department. 2. Car- parking will be allotted in the 3rd week of March, 2005 to those applicans who have paid Rs.40,000/- and Rs.15,000/- towards covered & uncovered parking. 3. The advance deposit amount towards "Maintenance fund" has to be deposited in the following order (a) Rs.10,000/- in case of MIG allottee and (b) Rs.15,000/- in case of HIG allot tee in addition to the above, the allottee has to pay monthly maintaince charges as per the actural w.e.f.1.4.2005. as illegal, arbitrary and contrary to the promise made in the inviation through a brochure for selling of ﬂats in Singapore class Township situated at pocharam Vg. Ghatkesar Mandal, Ranga Reddy District, and also contrary to the regulations i.e.A.P Houseing Board (Allotment, Management and sale of HIG, MIG, LIG and EWS Houses/ﬂats) Regulations 1997 and also contraty to the principles of Doctrine of Promissory Estoppels and Legitimate expectations and pass such other order or orders as this Hon'ble court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioners: MR.V.RAVI KIRAN RAO 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.14958 of 2005 ORDER: The three petitioners are residents of Singapore Class Township situated at Pocharam Village, Ghatkesar Mandal, Ranga Reddy District, which was constructed by the Andhra Pradesh Housing Board (APHB). They were allotted ﬂats in said colony. Their grievance is that in spite of their complying with the conditions of allotment they were not allotted parking lots and sale deeds were not executed after accepting the ﬁnal payment. They, therefore, ﬁled instant writ petition seeking various reliefs. A counter-aﬃdavit is ﬁled by APHB opposing writ petition. It is, however, not necessary to refer to the details therein in view of the following reasons. Learned counsel for the petitioners - Sri Y.Neelakanta Reddy, submits that similarly situated person, who ﬁled W.P.No.6759 of 2005, also ﬁled a consumer dispute before District Consumer Forum, Ranga Reddy District, which was allowed directing APHB to allot parking to him lot at free of cost. Therefore, learned counsel for the petitioners submits that the petitioners may also be given liberty to approach the District Consumer Forum concerned for redressal, and seeks leave of this Court to withdraw the writ petition with such liberty. The submission of learned standing counsel based on counter averments that lot No.28 was allotted to ﬁrst petitioner and lot No.29 was allotted to second petitioner is recorded. Granting leave and liberty to the petitioners to approach District Consumer Forum concerned, the writ petition is dismissed as withdrawn. No costs. _____________ (V.V.S.RAO, J) 24th September, 2008 GHN To 1 B.Ram Linga Reddy, S/o.B.Shankar Reddy, R/o.H.No.3-5-199/B3, Narayanguda, Hyderabad. 2 Smt.B.Urmila Devi, W/o.B.Ram Linga Reddy, R/o.H.No.3-5-199/B3, Narrayanguda, Hyderabad. 3 Sri Uma Kanth, S/o.Pandurangh Bhat, R/o.Flat No.201, H.No.2-1-420, Nallakunta, Hyderabad. 4 2CD copies Form-NIC-OGS/WP{JA}