IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3518 of 2004 Between: A.Mohan, S/o.A.Venkata Krishnaiah, R/o.6-3-347/12/D, Dwarakapuri Colony, Punjagutta, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Housing Department, A.P.Secretariat, Hyderabad. 2 A.P.Housing Board, rep. by its Vice-Chairman and Housing Commissioner, Gruhakalpa, 1st Floor, M.J.Road, Hyderabad. 3 A.P.Housing Board, rep. by its Executive Engineer, 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 issue a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.3 in issuing the auction notiﬁcation bearing No.22/Ph/V/Open Plots/Auction dated 19-2-2004 published in Eenadu daily news paper dated 21-2-2004 vide Proceedings No.22/Ph.V/Open Plots/Auction for conducting public auction on 27-2-2004 in respect of Plot No.176/A Phase V, situated at A.P.Housing Board Colony, Kukatpally, Hyderabad as illegal and arbitrary and unconstitutional and pass such other or further order or orders as this Hon’ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SMT.KALPANA EKBOTE Counsel for the Respondents: SRI D.RANGANATHA KUMAR The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3518 of 2004 ORDER: The petitioner is the owner of plot bearing No.HIG 176 admeasuring 317.77 square yards situated at Phase – V, Kukatpally Housing Board Colony, Hyderabad. The same was allotted to him in 1999 by the second respondent. An extent of 155.27 square yards of land is available adjacent to the petitioner’s plot. It appears, the second respondent while informing the availability of the plot for sale ﬁxed an amount of Rs.1452/- per square yard. The petitioner submitted his willingness. Thereupon he was asked to pay Rs.2,25,452/- towards cost of the plot. The petitioner sought extension of time. The Government issued G.O.Ms.No.38, dated 30.05.1997, permitting the second respondent to dispose of stray pieces of land admeasuring below 100 square yards to the adjacent allottees. The said Government Order also directed to sell the land in public auction if the area is more than 100 square yards. Purportedly, acting in accordance with the same, the third respondent issued notiﬁcation in Eenadu Telugu Daily Newspaper on 21.02.2004 for conducting public auction, aggrieved by which, the present Writ Petition is filed. It is the contention of the petitioner that the Government issued G.O.Ms.No.71 in 2001 permitting the second respondent to dispose of stray pieces of land either by allotment to adjacent owners of the land or by public auction. He contends that the land admeasuring 155.27 square yards is adjacent to the petitioner’s plot bearing No. HIG 176, and the same shall be allotted to him as was agreed in 2001. Learned Standing Counsel for the Andhra Pradesh Housing Board has brought to the notice of this Court, three decisions of this Court in G.Raveendra Babu v The Government of Andhra Pradesh (W.P.No.26653 of 2001, dated 14.10.2003), K.Vijaya v The Andhra Pradesh Housing Board, Warangal (W.P.No.26217 of 2005, dated 09.12.2005), and Abdul Irfan Amoodi v Andhra Pradesh Housing Board (W.P.No.28064 of 2005, dated 25.01.2006). In the above decisions, this Court held that property of the Housing Board should be disposed of in public auction to ensure transparency and better appreciated value for the Housing Board. Learned Standing Counsel also brought to the notice of this Court the judgment of the Division Bench in Abdul Irfan Amoodi v Andhra Pradesh Housing Board (W.A.No.884 of 2006, dated 23.08.2006), wherein the judgment of the learned single Judge was confirmed. In view of the ratio laid down in the above judgments, if the adjacent area/stray pieces of land is more than 100 square yards, the same cannot be permitted to be allotted to the neighbouring owner, and necessarily, it has to be auctioned. Therefore, the petitioner has no enforceable right. The Writ Petition is dismissed accordingly. No costs. ____________ (V.V.S.RAO, J) 19.09.2008 vs To 1 The Principal Secretary, Government of Andhra Pradesh, Housing Department, A.P.Secretariat, Hyderabad. 2 The Vice-Chairman and Housing Commissioner, A.P.Housing Board, Gruhakalpa, 1st Floor, M.J.Road, Hyderabad. 3 The Executive Engineer, Western Division, A.P.Housing Board, Executive Western Division, A.P.Housing Board, KPHB Colony, Hyderabad. 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{CPK}