' Sri. A. Panendera Kumar v. The State of Telangana

Petition under Section 151 cpc praying that in the circurnstances stated in the affidavit fire'r in support of the petition, the High court may be preased to direct the respondents to register the Flat N.A7t107, Block No. ,A7, TS Housing Board Colony, Bandlaguda, Nagole, Rangareddy District immediately, pending disposal of the main Writ petition. Counsel for the petitioner: SRt G.JONATHAN Counsel for the Respondent No.1: Gp FOR HOUSING counsel forthe Respondent No.2 to 4: sRr c.BU.HI REDD', sc FoR TSHB The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSIIMAN WRIT PETITION No.410 of2025 ORDER: Heard Sri G. Jonathan, learned counsel for the petitioner and SriC.BuchiReddy,leamedStandingCounselappearingfor respondent Nos.2 to 4. In the year 2005, 2"d respondent Board has conducted 2. demand survey for allotment of LIG Flats (for shot' 'subject flats') situated at Bandlaguda. It has issued notification' It has issued auction notice proposing to conduct public auction for sale of subject flats. The petitioner herein has submitted his application bearing No.14036 in 2009 along with an amount of Rs'2500/- towardsEMD/Registrationcharges.Videproceedingsdated 18.05.2009,4ft respondent informed the petitioner that the application vide No. N14036 submitted by the petitioner was considered and he was found eligible' He was selected for allotment of LIG flat in the said scheme' Flat number will be assigned through lottery before physical possession is handed over to the petitioner. The costs of 450/- sft of LIG flat was tentatively KL,J W.P Nr.410 of 2025 2 fixed at Ik.3,43, 448l-. Thus, the 4th respondent directed the petitionel to pay the said amount within three months frorn the date of receipt c,f the said allotment letter. 3' The petitioner has paid the said amount vide Ifemand Draft No.590283, dated 19.09.2009. Vide proceedings dared 0:j.02.2010, 4'h respondenr has allotted LIG Flat No.A6l402 admeasitring 509 sft, to the petitioner by way of draw of flats conducted on 02.12.2009.4th respondent directed the petitioner to get registration of the said flat in his favour and take physical possession try paying the differenr:e of final cost of Rs.99,350i_ and interest fb.:.delayed payment of instalments, if any, from the date of receipt o1,.the said letter

4. The said flat is in third floor. petitioner herein is r;uffering from night blindness and deafness in both the years try birth. Therefore, vide letter dated 11.03.2010, he has requested the 2nd respondent to change the allotment of flat from third floor. to first floor. 2'd respondent requested the 4th respondent to exanrine the request made by the petitioner and take necessary ac.tion in allotment of flat in ground floor on medical grounds. vide ,:.'' KL,J w.P-No-41O of 2025 J endorsement dated 11.03.2010. The petitioner has made similar request vide his letter dated23-12'2010'

5. Vide letter dated 14.03'2011, 4'h respondent informed the petitioner that his request for change of allotment of flat is considered and they have allotted LIG Flat No'A3/101 located at ground floor to the petitioner duly cancelling earlier allotment of flat No.A6/402 situated at Bandlaguda' 4n respondent directed the petitioner to pay the differential cost of flat at the earliest' The petitioner came to know that the said LIG A3l101 was already allottedtoSriP.Lakshmikanthandhewasinpossessionofthe same. Therefore, he has informed the said fact to the 2nd respondent vide his letter dated 10.1 1.2011 and requested to re-allot the flat in ground floor in lieu of LIG Flat No'A3/101' 6. Vide letter dated 14'03'2011 (received by the petitioner on 13.08.2011), 4'h respondent allotted LIG Flat No'A7/107 located at ground floor in the place of LIG Flat No'A6/403 at Bandlaguda' 4ft respondent directed the petitioner to pay the differential costs of flat at the earliest. According to the petitioner' the said LIG Flat No.A7lI07 is a model house and it was not in habitable condition' KI,J Ur.P. Nr.410 of 2025 4 Therefore, he has spent huge amount to get it repaired. However, he has been staying in the said house. He has paid an amount of Rs.99,350/-, vide D.D.No .000632, dated I7 09.Z0t2:. towards differential costs of Flat No.A7l107 and Vide letrer dated

17.09.2012, he has requested the 2nd respondent to han<i over the possession and register the same in his favour. 2nd respondent has received and acknowledging the said Demand Draft. 7. Vide letter dated 29.04.2013, the petitioner requested 2nd respondent not to impose unnecessary interest but war,,,e of the same, hand over the possession of the said flat. Thereafter, the petitioner has submitted representations dated 20 02.201g,

21.05.2018, 1,5.07.2018, 09.08.2005, 16.10.2019, 03.08.2t024 and

30.09.2024 to lhe respondents 1 and 2 with arequest to register the said flat in ftvour of the petitioner herein. He has explaini:d all the aforesaid factual aspects. Despite receiving and acknowledging the said representations, respondent No.2 did not act upon ttre same. Aggrieved byi the said inaction ofthe 2"d respondent, the petitioner filed the pres,rnl writ petition. KL,J W.P-No.410 of 2O25 5

8. In the aforesaid representations, he has specifically mentioned that he has incurred an amount of Rs'l'50'000/- towards renovation charges, Rs.1,80,000/- towards three years rental charges, Rs.3,50,0001 towards compensation and in total of Rs.6,80,0001 towards compensation' g. Learned Standing counsel appearing for respondent Nos'2 to 4, on instructions, would submit that the petitioner has to pay the differential costs of Flat and also interest for the delayed palnnents and on payment of the same, the respondent Nos'2 to 4 will register the said flat in favour of the petitioner' 10. As discussed supra, vide allotment letter dated f8'05'2009' 4th respondent informed the petitioner that the costs 450 sft LIG flat is tentatively fixed at Rs' 3,43,448/-' 4'h respondent requested the petitioner to pay the said amount within three months from the date of receipt of the said allotment letter' The petitioner has paid the said amount vide D.D.No'590283, dated 19'09'2009' Respondent Nos.2 to 4 acknowledged the said amount' They have allotted LIG Flat No.A6l402 admeasuring 509 sft to the petitioner herein' They have requested the petitioner to pay difference amount of frnal KL,J W.P.NI .410 of 2025 6 costs of Rs.99,350i- and interest for delayed payment. The petitioner is suffering with night blindness and deafness i, two ears by birth. ]'he Flat No.A6l402 allotted to him initialry is in third floor. l'her,:lbre, he has requested respondent Nos.2 to 4 to allot a flat in ground floor by way of submitting aforesaid repres entations. The same ryere considered. Respondent Nos.2 to 4 have allotted a Flat in ground floor i.e. LIG flat No.A3l101. On enquiry, the petitioner came to know that respondent Nos.2 to 4 havr: already allotted the said flat to one p.Lakshmikanth and he is stay;ng in the said flat. Therefore, the petitioner has requesterl the respondent Nos.2 to 4 to allot some other flat in the ground floor. Finally, they have allotted Flat No.A7l107 in ground floor. It is a model house and it was n'rt in habituar condition. Therefore, the petitioner got it . repaired bl,spending huge amount ofRs.l,50,000r_. Thus, there is no delay o, the part of the petitioner herein. He hirs been submitting aforesaid series of representations to the respondent Nos.2 to 4 v,rith a request to register the said Flat in his favour. They have nrtt considered the said representations, .Ihey have not KL,J W.P.No.4t0 of 2025 7 registered the said Flat in his favour' Now they are insisting for payment of interest on delayed payment' ll. As discussed supra, on 19.09-2009itself, Petitionerhad paid an amount of Rs.3,43,448/- to the respondent Board as demanded by the respondent Board vide letter dated 18'05'2009' He had also an amount of Rs.99,350/- towards differential costs on 17 '09'2012 itself. They have accepted the request made by the petitioner to allot a flat in ground floor but they. have allotted a flat in the ground floor which was allotted to Sri S'Lakshmikanth' Thereafter' they have allotted the subj ect flat to the petitioner' It is a modal house, it was not in habitable condition. Therefore, petitioner got it repaired by spending huge amount. Having accepted the said palment, respondent Board cannot contend that there is delay on the part of the petitioner in making payment'

12. In view ofthe above facts, this Court is ofthe view that there is no delay on the part of the petitioner in payment of the amount' He has paid an amount of Rs.3,43,448/- on 19'09'2009 and an amountofRs.99,350/-onlT.0g.20l2asdemandedbyrespondent Nos.2 to 4. This Court is of the view that for no fault of the KL,J W.P.\ r.410 of 2025 8 petitioner, respondents cannot demand for payment of interest on the delayed payment. In fact, there is delay on the part of the respondents

13. The petitioner is claiming compensation of Rs.6,g0,000i_. On 07 .01.2025, leamed counsel for the petitioner submitted to this Court that he is not pressing second relief sought in the writ petition anrl he would be making an endorsement to the above effect in the, bundle. The petitioner herein is a disabled pr:rson. He is suffering from night blindness and deafness in both the ears by birth. Considering the said aspects, respondents have allotted the aforesaid Flat i.e. Flat No.A3ll01 on humanitarian ground. Therefore, they cannot demand for interest frorn the petitioner herein. Though the allotment letter dated 1g.05.2009, the petitioner has paid the, aforesaid amounts on 19.09.2009, 17.09.2()12 but respondents have postponed registration of the said flat in favour of the petitioner on one pretext or the other. 14. In the light of the same, this writ petition is allowed directing the respondent Nos.2 to 4 to register the subject Flat i.e. A.l,/107 in favour of the petitioner herein within one month from the riate of KL,J W.P.No.41o of 2O25 9 receipt of a copy of this order, failing which' the mater will be viewed seriouslY' As a sequel, the miscellaneous petitions' if any' pending in the Writ Petition shall stand closed' SD /-T. CHANDRA SEKHAR AS SISTANT DDY STRAR //TRUE COPY'/ SECTION FFICER / to'',. \ -n" Secretary, Housing Department' T S Secretariat' Saifabad' Hyderabad' State of Telangana' 2. The Vice Chairman and Commissioner' Telangana State Housing Board' ' cirnjr.]rrp,, Nampally Road' Hyderabad' 3. The Secretary, Telangana State Housing Board ' Gruhakalpa Nampally 4. The Executive Engineer (South), Terangana state Housing Board, - ciinrr,iri,i' Nampall! Road' Hvderabad' 5. One CC to SRI G JONATHAN' Advocate [OPUCI 6. One CC to SRI C'BUCHI REDDY' SC FORTSHB IOPUCI 7 Two ccs to Gp FoR HousrNG, High court for the state of rerangana at HYderabad' HYderabad [OUTI

8. Two CD CoPies G. BSR BS I I CC TODAY HIGH COURT DATED: 011041202i ,.) x ,t TELq o? .$ I cl4 $\ $ I oJ H1\$ * ORDER WP.No.410 ot 2025 ALLOWING THE WRIT PETITION, WITHOUT COSTS e