IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 5995 of 2005 Between: 1 A.P.Housing Board HIG(SFS) Phase X Allottees Welfare Association, Rep by its President, SK. Dasthagiri S/o. Malik Subhan, aged 52 years, Occ : Lecturer, R/o D.No. 7-4-20, Mahantipuram, Vijayawada. 2 B. Nageswara Rao, S/o. of Kotaiah, R/o. Plot No. 9 Block No. 20 M 94-1, APHB Colony, Bhavanipuram, Vijayawada. ..... PETITIONERS AND 1 The A.P. Housing Board, Rep by its Vice Chairman & Housing Commissioner Gruhakalpa, M.J. Road, Hyderabad. 2 The Executive Engineer (HG) A.P.H.B. Colony, Bhavanipuram, Vijayawada. .....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 respondents in reﬁxing the sale price of HIG (SFS) phase X houses at Bhavanipuram, Vijayawada at Rs. 11,17,000/- instead of Rs. 9,10,000/- as illegal, arbitrary and contrary to the provisions of the A.P. Housing Board Act and the A.P. Housing Board HIG Regulations, 1977 and issue a consequential direction directing the respondents to ﬁx the cost Rs.9,10,000/- and complete the construction and allotment thereof expeditiously and pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.B.SOMASEKHAR Counsel for the Respondent No.1: MR.D.RANGANATHA KUMAR The Court made the following : THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.5995 of 2005 ORDER: The Andhra Pradesh Housing Board HIG (SFS) Phase X Allottees Welfare Association, Mahantipuram, Vijayawada ﬁled the present writ petition seeking to declare the action of the Andhra Pradesh Housing Board (APHB) in reﬁxing/revising the cost price of High Income Group Houses from Rs.9,10,000/- to Rs.11,17,000/- as illegal, arbitrary and contrary to the Andhra Pradesh Housing Board (Allotment, Management and Sale of High Income Group Houses) Regulations, 1977. A detailed counter-aﬃdavit is ﬁled opposing the writ petition. No reply-aﬃdavit is ﬁled to the same. Further, learned Standing Counsel for APHB contends that after ﬁling the writ petition, out of 70 allottees in Phase X, 64 allottees have ﬁled aﬃdavits agreeing to pay the enhanced cost of Rs.11,17,000/-. It is also brought to the notice of this Court that 47 allottees paid the entire cost and sale deeds were already registered. In that view of the matter, this Court is not inclined to interfere at this stage. It shall be open to the other allottees to approach the respondents for redressal, if any. The Writ Petition is accordingly dismissed. No costs. ____________ (V.V.S.RAO, J) 24.09.2008 GJ