IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9347 of 2008 Between: G.Nalinesh Babu, S/o. Subba Rao, Regd Office at 16-88, RM Nagar, Jeedimetla, Hyderabad-55. ..... PETITIONER AND 1 The Principal Secretary Revenue Department, Secretariate builidngs, Hyderabad. 2 The District collector, Ranga Reddy District,Office at Lakadika-pool, Hyderabad. 3 The Chairman, Andhra Pradesh Housing board, Hyderabad. 4 The Municipal Commissioner, Qutubullapur Municipality, Ranga Reddy District. 5 The Manager Andhra Bank, Gajularamavaram Branch, Ranga Reddy District. .....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 appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing thedemand notice to pay an amount of Rs.23,613/- as illegal and unconstitutional and consquently direct the respondents to go ahead with registration and handing over the flats to the members of the society who are the beneficiors without insisting on thel escallation price as stted above and be pleased to pass Counsel for the Petitioner:MR.CHALLA AJAY KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 9347 of 2008 Order: The petitioner, who is the Secretary of Rajiv Gruha Kalpa Beneficiaries Welfare Society, has filed the present writ petition questioning the action of the respondents in issuing the demand notice directing the beneficiaries to pay an amount of Rs.23,613/- towards escalation costs for registration of the respective flats. According to the petitioner, as per the schedule given by the respondents, each beneficiary has to pay only an amount of Rs.82,500/- towards the housing flat plinth area of 225-250 Sq.ft., out of which 10% i.e., Rs.8,250/- has to be borne by the individual beneficiary and the rest of 90% i.e., Rs.74,250/- will be given as bank loan, for which the beneficiary has to pay interest at the rate of 8% p.a., and insofar as the escalation costs are concerned, they need not pay any escalation costs. As directed by this Court, the learned Assistant Government Pleader for Revenue has produced a copy of agreement entered into by the beneficiaries, wherein it is mentioned that if for any reason there is escalation in the cost of the dwelling unit/house for whatever reasons the additional amount shall be borne by the borrower. However, learned Assistant Government Pleader for Revenue submitted that out of the demanded amount of Rs.23,000/-, an amount of Rs.10,000/- is being arranged by the Government by way of loan, and only Rs.13,000/- has to be borne by the beneficiaries at present. Be that as it may, since there is an agreement between the parties which inter alia provides that if for any reason there is escalation in the cost of the dwelling unit/house for whatever reasons the additional amount shall be borne by the borrower, and having regard to the fact that the dispute raised by the petitioner arises out of contractual agreement, it is not proper for this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, to interfere in the matter and give a direction to the respondents to waive off such escalation costs. The writ petition is devoid of merit and the same is accordingly dismissed. However, the petitioner is at liberty to make a representation to the Government requesting them to consider their case for waiving off the escalation costs, and if any such representation is filed, it is open for the Government to consider the same and pass appropriate orders in accordance with law. No costs. _________________ N.V. RAMANA, J. Date: 29.04.2008 Ksr/Nsr