IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4458 of 2008 Date: 8th September, 2010 Between: D.Harshavardhan and another. .. Petitioners And The Andhra Pradesh Housing Board, Represented by its Vice Chairman, Hyderabad and another. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.4458 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the proceedings No.4-1 Stray-piece Plot/KMR/E5/2007 dated 5.12.2007 of the second respondent as arbitrary, illegal and unconstitutional and consequently direct the respondents to allot plot No.4 of A.P. Housing Board colony, Kamareddy, Nizambad district to the petitioners. It appears, in pursuance of auction notification dated 18.9.2007, petitioners have participated in the open auction conducted and offered their bid for allotment of Plot No.4 in their favour. The upset price was fixed at Rs.1500/- per sq.yard and the petitioners have offered their bid at Rs.1510/- per sq.yard and it was knocked down in their favour. Petitioners paid a sum of Rs.10,000/- as EMD and also paid 25% of the bid amount and auction expenses. In total, petitioners have paid a sum of Rs.1,50,276/-. Thereafter, it appears that the matter was referred to first respondent for ratification. The first respondent seems to have rejected the ratification through the impugned order. The impugned order does not disclose any details or reasons for canceling the auction proceedings conducted in respect of Plot No.4 of A.P. Housing Board Colony, Kamareddy. However, in the counter filed by the respondents, it is stated that it is a fact that the petitioners have participated in the auction and Plot No.4 admeasuring 382.77 sq.yards was knocked down in their favour for Rs.1510/- per sq.yard. Respondents have also admitted that the petitioners have deposited EMD amount, 25% bid amount and also auction expenses, totaling to Rs.1,50,276/-. It was further stated that when the file relating to the auction was transmitted to the Vice Chairman and Housing Commissioner, A.P. Housing Board, Hyderabad along with detailed note, for necessary orders, the Vice Chairman passed orders directing to conduct re-auction in view of the fact that there was only one bidder in the auction conducted and even the single bid was only Rs.10/- above the upset price. Except this, no other reasons were furnished as to any lapse in the procedure etc. According to the petitioner, in all, 21 plots were decided to auction on that day and many bidders had participated and allotments were made one after the other. When good plots were sold out, many of the bidders left the place and when the turn of auction of Plot No.4 came, there was no other bidder remained on the site. Therefore, petitioners offered Rs.10/- more than the upset price fixed by the department. Even otherwise, the highest rate fetched for the remaining 20 plots was only Rs.1540/- per sq.yard and the petitioners are ready to pay the said rate. In view of the above, I am of the opinion that the auction conducted can be confirmed in favour of petitioners by fixing the rate of Rs.1600/- per sq.yard in respect of Plot No.4, in the interest of justice. Under those circumstances, the respondents are directed to collect Rs.1600/- per sq.yard from the petitioners in respect of Plot No.4, admeasuring 382.77 sq.yards of A.P. Housing Board Colony, Kamareddy, Nizamabad district and the petitioners shall pay the same within a period of one month from the date of receipt of this order. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 8.9.2010 DA