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.19835 of 2002 Between: Sanjeeva Reddy Nagar Welfare Association, Regd.No.2623/2000, 1st Floor,Community Hall, Sanjeev Reddy Nagar, Hyderabad, rep by its Secretary J.S.Babu Rao. ..... PETITIONER AND 1 The A.P. Housing Board Gruhakalpa, M.J.Road, Hyderabad, rep. by its Vice Chairman and Housing Commissioner. 2 A.P. Housing Board Hyderabad, M.J.Road, Gruhakalpa, Hyderabad, rep. by its Secretary. .....RESPONDENT(S) 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents proposing to let out the comunity hall at Sanjeev Reddy Nagar, on rental basis in public auction pursuant to the auction notice issued in No.C.Halls/Auction/EE(S)/E12/EE(S) dt.27.9.2002 as illegal and arbitrary and consequently direct the respondent to hand over managment to the petitioner association Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent No.: MR.C.V.RAJEEVA REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19835 of 2002 ORDER: Petitioner questions the action of the respondents in proposing to auction Sanjeeva Reddy Nagar community hall for a period of ﬁve years on rental basis, pursuant to the auction notice, dated 27-09-2002. As the period of ﬁve years is already over, the question of auctioning the said community hall on rental basis, at this juncture, pursuant to the impugned notice does not arise, as necessarily the respondents have to give fresh auction notice, if they propose to auction the said community hall on rental basis. Learned counsel appearing for the petitioner submits that the community hall has been constructed for the beneﬁt of the residents of Sanjeeva Reddy Nagar, as when the lay out has been made, the Housing Board collected developmental charges for providing civic amenities like roads, play grounds, water, drainage, electricity etc., and also to develop the said community hall to meet the needs of the colony people. Generally, any layout is made, cost of the building will include developmental charges for providing civic amenities like roads, play grounds, water, drainage, electricity etc., but once the layout is made, the common place such as parks, community halls etc., rest with the local authority and in the instant case, with the A.P.Housing Board. As the A.P.Housing Board made the lay out, the individual members have no vested right or speciﬁc right in their favour except making use of the said community hall on payment of usual charges. General public is also entitled to make use of the said community hall for the particular purpose, for which, it has been constructed. Though the community hall has been constructed for the particular purpose, when the Government wanted to convert it as a commercial complex, against the interest and wish of the petitioner’s association, this court rightly set aside the order of the Government. Merely because conversion of the said community hall into commercial complex is set aside, it cannot be said that the petitioner has got any vested right or interest over the said Community Hall, as admittedly, the community hall belongs to the A.P.Housing Board. If that be so, if there is any apprehension with regard to use of the said community hall by the auction purchaser against the interest of the colony people, I am of the opinion that it is just and proper to settle the terms and conditions for making use of the said community hall even by the auction purchaser and for that reason, it is just and proper for the respondents to give notice to the petitioner’s association before issuing auction notification. Accordingly, the writ petition is disposed of keeping it open for the respondents to auction the community hall on rental basis. However, the respondents are directed to issue notice to the petitioner before issuing auction notiﬁcation and take its suggestion also into account. 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{ }