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 : 7913 of 2005 Between: J. Balraj, S/o. Late J. Atchaiah, R/o. H.No. 16-01-139, Jeevan Jyothi Sangam, Saidabad, Hyderabad. ..... PETITIONER AND The Secretary, A.P. Housing Board, Gruhakalpa, M.J. Road, Hyderabad. .....RESPONDENT 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 appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing the notice No. 11199/J4/2001, dated 28-2-2005 as arbitrary, illegal and violative of Article 14 and 21 of the constitution of India and principles of natural justice and consequently set-aside the said Notice No. 11199/J4/2001, dated 28-2-2005 issued by the respondent and direct the respondent to ﬁx the reasonable price for selling of the 19.33 sq. yards of the land by considering the petitioner's explanation dated 8-11-2002 and till then not to interfere with the peaceful possession and enjoyment of petitioner's house NO. 16-1-139 situated at Jeevan Jyothi Sangam, Saidabad, Hyderabad. Counsel for the Petitioner:MR.Y.SUDERSHAN REDDY Counsel for the Respondent: MR.D.RANGANATHA KUMAR The Court made the following : THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 7913 of 2005 ORDER: The petitioner is the owner of a house bearing Municipal No.16-1-139 admeasuring 168 square yards. He got the property in the family partition, dated 30.12.2002. He occupied the land admeasuring 19.33 square yards belong to Andhra Pradesh Housing Board (APHB), which is adjacent to petitioner’s house. When the respondent issued notice, dated 28.02.2005, directing him to remove unauthorized occupation, he ﬁled a writ petition seeki ng, inter alia, a direction to the respondent to ﬁx reasonable price for selling the land after considering the representation, dated 08.11.2002, submitted by him. That the petitioner made representation on 08.11.2002 requesting for allotment of the land at market price is not denied. Therefore, APHB may consider the representation. If it is not considered favourable to the petitioner, it shall be open to APHB to initiate action under Sections 52 and 53 of the Andhra Pradesh Housing Board Act, 1956 before the competent authority. It is needless to mention that unless and until due process is followed, the petitioner cannot be evicted from the premises/land in his possession. With the above observation, the Writ Petition is disposed of. No costs. ____________ (V.V.S.RAO, J) 24.09.2008 GJ