High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a issue a of Mandamus or any other appropriate Writ, order or direction, to issue a Writ of Mandamus or any other appropriate Writ, order of direction, declaring the order daled 16.2.2019 in Case No.03/CA/WD/2015 passed by the 3rd respondent as without jurisdiction and set aside the same. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1st respondent to open the subject premises forthwith and allow the petitioner to take back his belongings, Pending disposal of the Writ petition. ---- lA NO: 2 OF 2019 Petition under section i 5'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant of stay of all further proceedings pursuant to the order dated 16-2-20.r g made in case no. o3lcAWDl2o15 on the file of the competent Authority, western Division, Telangana Housing Board at Hyderabad Pending disposat of the Writ petition. lA NO: 1 OF 2023 Petition under section 'l b'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to post the matter expeditiously. Counsel for the Petitioner: M/s. K.V.RAJASREE Counsel for the Respondent No.1: Gp FOR HOUSING counsel for the Respondent Nos.2 & 3: sRr c.BUcHr REDDY, sc FciR THB The Court made the following: ORDER 4 I HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4718 OF 2019 j ORDER: Heard Smt. K.V.Rajasree, learned counsel for the petitioner, Sri C,Buchi Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3.

2. This writ petition is filed challenging the order dated l6.Oz.2llgpassed in Case No.03/C NWDI2OIS by 3'd respondent.

3. Vide the aforesaid order, this Court directed the petitioner to vacate the subject property in terms of Section 52(2) of the A.P. Housing Board Act, 1956 and also directed 2nd respondent to recover an amount of Rs.46,26,022/- from the petitioner. The petitioner filed the present writ petition challenging the said order contending that Sri V.Vasu, the competent authority, who passed the said order is not competent, he is only Superintendent in Housing Board at that particular point of time. The petitioner has also placed reliance on the judgment of this Court in W.P.No.3237611999 and batch.

4. Respondent No.2 filed counter contending that after the aforesaid judgment, 2nd respondent has amended the Rules by way of issuing fresh G.O. appointing officers to discharge duties of ,,I 1 \ competent authority under the A.P. Housing Board Act, 1956. They have also extracled relevant portion ofthe same which is as follows:-

23. I ). The Housing Board General Service hereinafter referred to in this rule as "service" shall consist of the following categories of officers. 1. Secretarv and E,state Officer. 1A. Law Officer. 2. Competent Authority 3. Accounts Oflficer. 2) a) The Government. may, by a notification published in the Andhra Pradesh Gazettc. exclude, such posts from the service or include such other posts therein. as may be specified in that notification. b) In case new posts are included in the service Govemment shall'also specifu in thc albresaid notification the mode of recruitment and the requisite qualilications lor appointment to such posts. 3) Appointment to the categories olthe posts mentioned in column (2) of the table belou shall be made by the method specif-red in column (3) thereof,. Sl.No. Category Method I l-A 2 C()mpetent Authority I I I (not rclevant here) (not relevant here) i) By transfer of Revenue Divisional Officer or First Class Munsiff Magistrate. ii) By promotion of officer from category 4 or provided that (a) he must have put in a minimum service ol five years as Assistant Secretary or Legal Assistant as the case may be (b) must have completed satisfactorily lhe period of probation and (c) must possess a degree of law from any University of India or any ol the equivalent qualifications izcd b Governrncnt. /r -7 I 3 4 Assistant Estate Officer (not relevant here) i) By promotion from among the approved probationers in the category of Superintendents and or special Grade Stenographers provided that a special grade slenographer, shall not be eligible for promotion unless, he has passed the Account Test for Subordinate O lficers Part I- ii) By transfer of Tahsildar or Second Gradc Municipal Commissioner.

5. In the light of the same, learned counsel for the petitibner seeks libefty to the petitioner to prefer an appeal against the said order in terms under Section 55 of the Telangana Housing Board Act, before the leamed Additional District Judge, Medchal-Malkajgiri District at I I Kukatpally.

6. Section 55 of the Act deals with the appeal. There is also provision to condone delay of fiting application to condone the delay mentioning satisfactory reasons.

7. In the light of the above submission, this writ petition is disposed of granting liberty to the petitioner to prefer an appeal in terms of under Section 55 of the Act, before the learned Additional District Judge, Medchal - Malkajgiri District at Kukarpalty. Liberty is I I I 1l .1 also granted to the petitioner to file an application ro condone delay in preferring an appeal and it is for the said Court to consider the same. Liberty is also granted to both the petitioner and l" respondent to raise all the contentions/grounds which they have raised in the present writ petition, in the said appeal and it is for the said Court to consider. As a sequel. the miscellaneous applications,, if any, pending in the Contempt Case shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL DEPUry REGISTRAR To \ SECTION,A;FICER Tetangana Housins Boa rb (Teta id;";7E;tii;;'''"' Hyderabad. , an" tr?fs,:;"j3ryato covt, Housing Department, Secretariat, Hyderabad, 2. The Executivetnoineer (H9_uqing), Western Division, Kuketpally, Hyderabad, J. I he Competent Authority, Westeri Division jfelangana Housing Board, 1. 9n" CC to SMT. K V Rry{qEEE, Advocate [OPUC] 5. Two ccs to Gp FoR HousrNG, i-iigh bi..;rt i;'i ti'e btate of rerangana, at 9. 9n. CC to SRt C.BUCH| REDDY, SC FOR THB tOpUCl 7. Two CD Copies Hyderabad. IOUTI PSK GJP +*- HIGH COURT DATED:2410412025 ORDER WP.No.4718 of 2019 ,o^\\ (,r - r TE( 4 .9 .\ rS s ,ll' a' "7 ),, r{ o 4t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ I