The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.31275 of 2010 Date: 18.10.2011 Between: G.Krishnaiah ..... Petitioner AND The Andhra Pradesh Housing Board, Rep. by its Chairman cum Managing Director, Gruhakalpa, Nampally, M.G.Road, Hyderabad and another. .....Respondents Counsel for the Petitioner: Mr.S.Lakshminarayana Reddy Counsel for the respondents: Sri M.Brahma Reddy, Standing Counsel for APHB The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in not registering Plot No.23, MIGH-II, Kallurupalli, Nellore Town, in favour of the petitioner, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to receive the balance sum of Rs.1,55,138/-, as per the approved cost of the plot, shown in letter, dated 10-03-2005, of respondent No.2. The petitioner was allotted the MIGH-II Quarter bearing Plot No.23 vide allotment letter, dated 09-04-2003, of respondent No.2. According to the petitioner, he has paid an amount totalling to Rs.3,54,562/- on different dates commencing from 15-02-2003 to 31-05-2004. The petitioner has made representations in the year 2004, requesting the respondents, to register the property after collecting the final cost. Respondent No.2 issued letter, dated 10-03-2005, informing the petitioner that the final cost of the property has been arrived at Rs.5,09,700/-, and that the petitioner has made payment of only an amount of Rs.1,40,000/- and that the balance amount of Rs.3,69,700/- is liable to be paid. The petitioner is stated to have, subsequently, made representations, dated 10-08-2008, 09-09-2008 and 01-03-2010, requesting the respondents to register the property after receiving the balance amount of Rs.1,55,138/- out of the total approved cost of Rs.5,09,700/-. As no action thereon has been taken, the petitioner filed the present Writ Petition. In the counter-affidavit filed by the Executive Engineer, respondent No.2, it is inter alia stated that the final cost of the plot was approved by respondent No.1 at Rs.5,09,700/-, as against which the petitioner has, in all, paid Rs.3,50,000/- towards the principal amount and that the petitioner is liable to pay the balance principal amount of Rs.1,59,700/-. It is further stated that the sum of Rs.4,562/- paid by the petitioner on 30-04-2004 was appropriated towards interest for belated payment of 40% down payment. With the acceptance of the petitioner’s claim that he has paid the sum of Rs.3,54,562/-, and the further fact that there is no dispute between the petitioner and the respondents with regard to the final cost, the substantial issue raised by the petitioner for adjudication ceases to exist. The only other issue that remains to be considered is payment of interest by the petitioner. Sri S.Lakshminarayana Reddy, learned Counsel for the petitioner, submitted that the petitioner is liable to pay interest strictly in accordance with the agreement. This submission of the learned Counsel for the petitioner is not disputed by Sri M.Brahma Reddy, learned Standing Counsel for Andhra Pradesh Housing Board, representing the respondents. In this view of the matter, the Writ Petition is disposed of with the direction to the respondents that, within one month from the date of receipt of a copy of this order, the respondents shall intimate the petitioner regarding the amount of interest payable on the balance principal amount of Rs.1,59,700/-. On the petitioner being intimated about his liability and within two months of his paying the balance outstanding amount towards final cost and the interest, the respondents shall register the sale deed in favour of the petitioner. It is made clear that the respondents shall caliculate interest strictly in accordance with the agreement between the parties. As a sequel to disposal of the Writ Petition, WPMP.No.39780 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 18th October, 2011 LUR