THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.28864 OF 2010 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondents in not registering the house 19/EWS Padarupalli, Nellore District in favour of the petitioner as illegal and void and consequently direct the respondents to register the house in favour of the petitioner. 2. It is stated in the affidavit filed in support of the writ petition that A.P. Housing Board, Nellore allotted EWS House No.19, Padarupalli, Nellore Rural on 01-09-1986 to the petitioner and he paid instalments to the Board totaling to Rs.8523/-. Even though he paid the entire amount, the Housing Board is not registering the house in his favour and in that connection, he made several representations to the Housing Board. Surprisingly, the 2nd respondent issued letter, dated 23-03-2010 directing him to attend before him on 12-04-2010 for verification of third party transaction of house No.19/EWS in respect of the house allotted to him on an application given by one Smt.D.Navaratnamma, w/o D.Samuel. Accordingly, he appeared before 2nd respondent and stated that he never executed any sale deed to any third party or to the said Smt.D.Navaratnamma and the alleged document is forged and fabricated so as to grab his house. Then the 2nd respondent informed him that he will take necessary steps for registering the house in his name. Again the petitioner received another notice with same contents and he appeared before the office and requested to register the house in his name, but in vain. On 28-09-2010, he got issued a legal notice to the 2nd respondent, who sent a reply admitting that the petitioner paid amount, but stated that the house was purchased by Smt.D.Navaratnamma and now she is ready to get the house registered in her name and ready to pay registration charges and submitted copy of sale agreement. The 2nd respondent sent a letter to compromise the dispute and settle the matter. The action of the respondents in not registering the house in favour of petitioner on the ground that there is a third party claim is arbitrary and illegal. Hence, the writ petition. 3. The 2nd respondent filed counter affidavit stating that the Housing Board constructed the house under special component plan and allotted on hire purchase basis on payment of 20% cost to Sri Darsi Patel. The allottee paid total amount of Rs.1240/- before agreement. The Vice Chairman and Housing Commissioner, A.P. Housing Board, Hyderabad fixed the final cost of Rs.6,200/- vide letter, dated 23-04- 2011 and the same was intimated to the allottee and the allottee paid an amount of Rs.7288/- towards balance sale price of Rs.4960/-, Rs.2001/- towards interest and Rs.200/- towards registration plan charges and Rs.60/- towards tax on interest and Rs.62/- towards incidental charges vide Ch. No.35517, dated 29-03-2005 and the challan remitters signature was signed by Sri D.Samuel. It is further stated that Sri S.V.Ramana Reddy, Advocate has issued a notice to the office stating that his client Smt.D.Navaratnamma under sale agreement, dated 20-03-1989 purchased the same from the above said Sri Darsi Patel for a consideration of Rs.8700/- on that day and his client has paid Rs.1,200/- to him and it was agreed that the remaining balance of Rs.7,400/- has to be paid to the A.P. Housing Board. Accordingly, his client paid the amount due to the Board in respect of said house No.19/EWS and stated that she is ready and willing to get the above said house registered in her favour. Thereafter, the Housing Board issued a letter to the petitioner to attend office with necessary documents for verification of third party transaction of house. Accordingly, the petitioner attended the office and stated that any documents, thumb impressions etc were not executed by him in her favour. Thereafter, Sri E.Bhaskaraiah, Advocate has issued a notice, dated 28-09-2010 to the office stating that his client i.e,, the petitioner has been in possession and enjoyment of the same and paid instalments and requested to issue clearance certificate. Then Housing Board replied to the Advocate to advise his client to settle the issue as both parties have requested to register the house producing their evidence and as it is not possible to register the house to both parties. After settlement, both parties should submit bond paper stating that the previous sale agreement dated 23-03-1989 is hereby cancelled and both parties have to approach 2nd respondent along with compromise letter and to submit a representative to register the house in favour of the petitioner. Since the sale agreement is disputed, the registration has to be done after finalization of the dispute and till the dispute is cleared, the office is not able to process for registration of the house. Hence, he prays to dismiss the writ petition. 4. Heard both the counsel. 5. It is not in dispute before this Court that the petitioner was allotted house No.19/EWS, Padarupalli, Nellore District on 01-09-1986 and an amount of Rs.8523/- was paid on three different dates. The file was submitted to the 1st respondent for registration of the house in the name of the petitioner. While the matter stood thus, a notice was got issued by Sri S.V.Ramana Reddy, Advocate on behalf of Smt.D.Navaratnamma w/o D.Samuel about purchase of house under an agreement of sale. Therefore, the 2nd respondent issued proceedings, dated 18-10-2010 directing the petitioner to compromise the dispute and settle the matter for taking further action in this regard. 6. When the allotment in favour of the petitioner is not in dispute and all the amounts have been paid by the petitioner, there is no impediment for the 2nd respondent to register the house in favour of the petitioner. On the ground that some other person claimed title, the 2nd respondent advised the parties to settle the matter. Smt.D.Navaratnamma is claiming the property under an agreement of sale. There cannot be any dispute that the agreement of sale does not confer any title to the parties. If the terms and conditions of the agreement are not honoured, the remedy of Smt.D.Navaratnamma is elsewhere. That cannot be a ground for not registering the house in favour of the petitioner. 7. Therefore, the Writ Petition is disposed of directing the 2nd respondent to register house No.19/EWS at Padarupalli, Nellore District, in favour of the petitioner forthwith after furnishing all the relevant papers and also dues if any, payable by him to A.P. Housing Board, Nellore. No order as to costs. --------------------- K.C.BHANU, J DATED: 31-10-2011 Hsd