IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7529 of 2002 Between: C.V.Krishna Reddy S/o. Brahma Reddy O/o. D.S.O., Collectorate, Kakinada. ..... PETITIONER AND 1 The Vice Chairman and Managing Director, A.P. Housing, Gruhakalpa, Hyderabad. 2 The Executive Engineer (Housing), Western Division, A.P. Housing Board, KPHB Colony, 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 particularly one in the nature of WRIT OF MANDAMUS declaring the notiﬁcation No. 12/auction/PH.IX/2002 dated 11.4.2002 and also the letter No. 2217/EM2/EE9WD)/KKP.PH IX/95 dt. 14.5.2000 as illegal, arbitrary and the one which has been issued in total contravention of the terms and conditions of the allotment and set aside the same and consequently direct the respondents to allot HIG No. 021 in 8th phase KPHB Hyderabad or any other HIG in the same phase and pass (The learned councel has amended the Prayer as per Court Order in WPMP 14071/02 Dt. 25.7.02) Counsel for the Petitioner:MR.Y.S.VENKATA RAO Counsel for the Respondent No.: MR.C.V.RAJEEVA REDDY The Court made the following: Form-NIC-OGS/WP{MADHURI} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7529 of 2002 O R D E R: The petitioner questions the notiﬁcation dated 08.04.2002 in calling for the applications of the interested persons for participation in the auction to be held on 19.04.2002 in respect of H.I.G. No.21 of Housing Board Colony, Kukatpally on the ground that the petitioner has already applied for allotment of HIG, MIG I & MIG II vide notiﬁcation dated 21.03.1995 and pursuant to his application dated 05.04.1995, he also paid Rs.44,200/- towards EMD and in the drawal of lots, he was allotted the draw No.113 under 30% Government Servants Category. It is further stated that the persons who have been allotted ﬁve H.I.G House Nos.16, 55, 66, 1 and 5 have defaulted in payment of the amounts as per the schedule date and therefore, on cancellation of any one of the said houses, the petitioner, being put at No.1 waiting list, is entitled for one of the said houses. The learned standing counsel, appearing for the respondents, submits that all the ﬁve persons to whom the said H.I.G. houses were allotted, have paid the amounts and sale deeds were executed in their favour, and in so far as the impugned notiﬁcation dated 08.04.2002 is concerned, it is stated that said proposed allotment is covered under 50% Government Servants Quota but not 30% Government Servants Quota, and therefore, the said notiﬁcation is nothing to do with the application for which the petitioner filed earlier. The above said statement has not been disputed by the petitioner. But, however, the learned counsel for the petitioner submits that there was delay in payment by the allotted persons and therefore, the respondents ought to have cancelled the allotments made in favour of the so called ﬁver persons and the petitioner ought to have allotted one of those ﬁve houses. The said ﬁve persons are not the parties to the present writ petition and their allotment is not questioned in any manner and therefore, it cannot be said that the acceptance of the delayed payments and allotment of the said quarters in favour of the so called five persons and registration in their favour is illegal and arbitrary. In view of the facts and circumstances of the case, I do not see any merit in the present writ petition and the same is liable to be dismissed. The Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 06.09.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Vice Chairman and Managing Director, A.P. Housing, Gruhakalpa, Hyderabad. 2 The Executive Engineer (Housing), Western Division, A.P. Housing Board, KPHB Colony, Hyderabad. 2.2CCs to 3.2CD copies