IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24964 of 2008 Between: Smt. Mumtaz Begum W/o. Late Mohd. Iqbal R/o. 9-4-86/92, Salarjung Colony, Hyderabad. ..... PETITIONER AND 1 Hyderabad Urban Development Authority, rep. by its Vice Chairman, Begumpet, Hyderabad. 2 The Administrative Officer Estates, Hyderabad Urban Development Authority, Begumpet, 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 of Mandamus or any other appropriate writ order or direction declaring the action of the Respondents in not taking any action after receipt of all the relevant documents pursuant to their proceedings Lr.N. 10546/SRT/EMU/H/86 dt. 15-7-2006 as illegal, and arbitrary and further direct the respondents to receive the balance payments if any required to be paid by the Petitioner and register the property bearing H.No. 36, LIG-II Shamshabad in favour of the petitioner. Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondents : MR.M.DHANAMJAY REDDY (SC FOR HUDA) The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24964 of 2008 ORDER: This writ petition is ﬁled seeking a Writ of Mandamus declaring the action of the respondents in not taking any action after receipt of all the relevant documents pursuant to the proceedings Lr.No.10546/SRT/EMU/H/86, dated 15.07.2006, issued by the 2nd respondent, as illegal and arbitrary and further directing the respondents to receive the balance payments, if any required and register the house bearing H.No.36, LIG-II, situated at Shamshabad in favour of the petitioner. Brief facts are that respondents allotted house bearing H.No.36, LIG-II category, situated at Shamshabad, in favour of petitioner’s father-in-law, by name Mohammed Ibrahim, under the scheme lease-cum-sale and delivered possession of the same to him. Since then, petitioner’s father-in-law, petitioner’s husband and petitioner were in occupation of the same and paying the instalments regularly. The father-in-law of the petitioner died on 14.09.1994 and subsequently, petitioner’s husband also died on 01.07.2004. In the light of the said demise, petitioner gave an application dated 02.05.2006 stating that more than 75% of the amount has been paid and therefore, she requested the respondent-authorities to sympathetically consider her case and permit her to clear the dues, and to allot the said house in her favour. Pursuant thereto, the 2nd respondent addressed a letter dated 15.07.2006 directing the petitioner to approach him with death certiﬁcate, legal heir certiﬁcate, etc. Though the same were produced by the petitioner, no action has been initiated. Hence, petitioner filed this writ petition. Heard the learned counsel for the petitioner and Sri M.Dhanunjaya Reddy, learned Standing Counsel appearing for the respondents. Petitioner sought allotment of the house in question in her favour stating that she is the only legal representative of the original allottee. The question, as to whether petitioner is the only legal representative of the allottee or not, is to be decided by the authorities after an enquiry. When the 2nd respondent directed the petitioner to appear before him and submit certain documents and when the petitioner submitted the documents, the respondent-authorities should have decided as to whether petitioner is entitled for change of allotment in her name. Instead, they kept the matter in cold storage for the last more than 2½ years. Hence, the respondents are hereby directed to act upon the representation of the petitioner dated 02.05.2006 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the order. It is needless to observe that if the petitioner is entitled for allotment of the house in question, the same shall be done without any further hassle. Writ Petition, with the above observation, is disposed of at the stage of admission. There shall be no order as to costs. _____________________________ Justice Gopala Krishna Tamada 17th November 2008 sh To 1 Hyderabad Urban Development Authority, rep. by its Vice Chairman, Begumpet, Hyderabad. 2 The Administrative Officer Estates, Hyderabad Urban Development Authority, Begumpet, Hyderabad. 3 2CD copies