Y. Abdul Munaf, S/o v. nQlyl Basheer, Aged about

Petition Uncier section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to direct the Respondents to issue No objection certificate in favour of the petitioners herein in respect of the House allotted to the petitioners bearing H.No.44lHlG-ll. Phase-lll, Laxmiguda, Hyderabad under its purchase scheme vide proceeding No. Lxg/Ph-lll/E6/EE(s y2010 dated 01-06-2010 pending disposar oi the above writ petition. Counsel for the Petitioner : SRI MIRZA SAFIULLA BAlc Counsel for the Respondent No.1: Gp FOR HOUSING Counsel for the Respondent Nos.2 & 3 : SRI C.BUCHI REDDY W.P.NO: 9348 OF 2023 Between:

1. Y. Abdul Khadeer, S/o. Y. Abdul Basheer, Aged about. 46 yrs, Occ. Asst. Engineer,

2. Y. Sharmasth Vali, S/o. Y. Abdul Basheer Aged about 40 yrs, Occ. Lecturer 3. Y. Siraj Ahmed, S/o. Y. Abdul Basheer Aged about. 38 yrs, Occ. Scientist C 4. Y. Abdul N4unaf, S/o. Y. Abdul Basheer Aged about 44 yrs, Occ. private Service, All are R/o A.P. H.No.80/'131-6, HIG-7, Abbas Nagar , ApHB Cotony, Kurnool, AND .....PETITIONERS 1 The State Government of Telangana,.Rep, by its principal Secretary, Housing 2 Department. Secretariat, Tank Bund, Hydeira6ad. I9!1l9."ng Housing Board, Rep by its Vice Chairman and Housing Commissioner Hyderabad - 500001. 3 The Execulive Engineer (HG), South Division, Telangana Housing Board, Hyderabad - 500001. .....RESPONDENTS Petition Under Article 226 of the Constitution of Indra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of lvlandamus declaring the actions of 2nd Respondent in cancelling the auction House allotted to Petitioners vide House bearing H.No.44lHlG-ll, phase- lll, Laxmiguda, by the 2nd Respondent under its purchase scheme vide proceeding No. Lxg/Ph-lll/E6/EE(Sy2010 dated 01-06-2010 vide. proc. No. 44lHlG-ll/Ph.ll|/LXG/EE(Sy2022, dated. 30-04-2022, as illegat, arbitrary and in vrolation Article 14,21 and 300-4 of Constitution of lndia and in violation of principles of natural justice, consequently direct the Respondents to register the house bearing H.No.44lHlG-ll, Phase-lll, Laxmiguda, by issuing no objection certificate in favour of the Petitioners herein as being the highest successful bidder in the auction dated 20-05-2010. l.A.NO:1 oF 2023 Petition Under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of Proc. No. 44lHtG-[/ph. il|/LXG/EE(S) t2022, dated.30_ 04-2022 cancelling the auction of House allotted to petitioners vide House bearing H.No.44lHlG-ll, Phase-lll, Laxmiguda, by the 2nd Respondent under its purchase scheme vide proceeding No. Lxg/Ph-lll/E6/EE(Sy20 j 0 dated 0.1-06-2010, pending disposal of the above writ petition. Counsel for the Petitioners : SRI MIRZA SAFTULLA BA|G Counsel forthe Respondent No.1 : GP FOR HOUSING Counsel for the Respondent Nos.2 & 3 : SRI C.BUCHI REDDY The Court made the following COMMON ORDER l HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION Nos. 21 8OO of 2022 and 9348 of2o.23 COMMON ORDER The /is involved in both the writ petitions is one and the same. I{ence, the same are being hearcl together and disposed of try this common order.

2. Heard learned counsel for the petitioners and Sri C. Buchi Reddy, iearned Standing Counsel appearing lor respondent Nos.2 and 3. Perused the record.

3. Respondent No.3 has issued auction notice, dated 19.04.2010 for conducting auction of houses/flats in La-xmiguda, Hyderabad. In the auction dated 19.04.2O1O, the 1"t petitioner had purchased the house No.44/HIG_II at Laxmiguda, Ph-III. The said flat was allotted to him vide proceedings No.Lax./Ph-III/E6/EE(S)/ 10, 01.06.2010 jssued by respondent No.3. As per the said proceedings, total cost of house is Rs.29,5O,OOO/-, 1ok Auction expenses Rs:29,500/- and plan and Conveyance charges Rs.7O0/-. Therefore, lst petitioner has to pay an \ \ .t I (1,,J w.P.No.9348-2023 and sP 2laOO 2022 2 amount of Rs.29,80,2OO1-. The 1"t petitioner has already paid an amount of Rs.7,67,000/-. He has to pay balance amount of Rs.22,13,200/- within one (1) month from the date of receipt of confirmation order.

4. Vide application dated 03.06.2010, the 1"t petitioner requested respondent No.3 to permit him to include the name of !nd, Jrd and 4th petitioners, his brothers, and register the same jointly in their favour. Vide letter, dated

05.O7.2O1O, respondent No.3 permitted the 1.t petitioner to register the house jointly in their favour, subject to payment of dues. Thereafter, l st petitioner requested respondent No.3 to issue No objection Certificate to enable them to obtain loan from the LIC Housirrg Finance Limited. Accordingly, respondent No.3 has issued No objection Certificate, dated iO. i 1.2010. The petitioners have obtained loan from the LIC Housing Finance Limited by way of entering Tripartite Agreement, dated 05.O2.2oll. Respondent No.3 has signed the said Tripartite Agreement on behalf of respondent No.2. Thereafter, LIC Housing Finance Limited has issued two cheques bearing ; KL-J W.P.No.934A 2O23 and (p-21aOO 2022 -l Nos.064785 and 918823 to respondent No.3 for the balance amount of Rs.22,13,000/- and for Rs.2OO/- respectively.

5. Thereaiter, respondent No.3 has addressed a letter vide Lr.No.44lHIG.IIlPh.lII/EE(S)2018, dated 29.11.201.8, requesting the 1"t petitioner to pay an amount of towards registration charges, balance Rs.4,60,647 l- amount etc. Petitioner has paid an amount of Rs.2,36,828 I on 15.72.2O1a and an amount of Rs.2,76,87 1/ vide E-seva receipt, dated 27 .11.2O2O. Thereafter, 1st petitioner has submitted a representation, dated 27.11.2O2O to respondent No.3 seeking extension of time and registration of subject house at the earliest. He has also specifically stated that he has paid the entire amount including interest and registration charges etc. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Therefore, petitioners have hled a writ petition vide W.P.No.21BOO of 2022 seeking a direction to respondent No.3 to issue No objection Certifrcate and register the said house in lavour of the petitioners. \ tr. , ;i (L,J W.P.No.g3+a 2023 anr19qP21aOO 2022 4

6. During pendency of the said writ petition, vide proceedings, dated 30.O4.2022, respondent No.3 has cancelled the confirmation of auction and forfeited 25o/r, of the bid amount + lyo of the auction expenses of Rs.7,67,O0O /-. The balance amount of Rs.27 ,32,363/- will be refunded to the petitioners on submission of the advance stamp receipt and original receipts of payment as per the Board Regulations. Respondent No.3 also informed the petitioners that no further extensions will be entertained in the matter.

7. Respondent No.2 has issued the said cancellation proceedings, dated 30.O4.2022 stating that the petitioners have paid the said amount on 16.05.2011, 14.72.2018 and

27.11,.2O2O i.e., after a lapse of about one year and above period. Challenging the said proceedings, dated

30.O4.2022, petitioners fiied W.P.No.9348 of 2023.

8. Perusal of the said cancellation proceedings, dated 3O.O4.2O22 would reveal that the same is issued without KL,J W-P-No.93aa-2023 and wp 2]aOO 2022 -5 putting the petitioners on notice and affording them an opporttrn ity

9. As discussed supra, respondent No.3 has accommodated the 1"t petitioner in all respects i.e., permitted the 1"t petitioner to add his brothers i.e., 2.d , Jra and 4th petitioners to the said sale deed. Respondent No.3 has also issued No Objection Certificate, dated 10.11.201O. He has entered Tripartite Agreement, dated OS.O2.2OlI. Thereafter, respondent No.3 has received the aforesaid cheques issued by the LIC Housing Finance Limited. After a lapse of seven (7) years, respondent No.3 has issued demand notice, dated 29.11.2018 requesting the petitioners to pay the balance amount, registration charges and interest etc. Petitioners have paid the aforesaid amount i.e., Rs.1l,36,B2B/- on 15.12.2ola and an amount of Rs.2,76,87 1 vide E-seva receipt, dated 2Z.II.2O2O. Thereafter, the petitioners have submitted representation, dated 27.77.2020 to respondent No.3 with a request to register the said propertlr in their favour. Instead of registeqing the aforesaid property in favour of the l t \ \ : KI-.J lV P.No.9348 2023 and wp 2laOO 2022 6 a-. petitioners, respondent No.3 has issued the impugned proceedings, dated 30.O4.2022 cancelling the very allotment itself on the ground of delay in payment of the said amount. The same is without notice'to the petitioners and without affording them an opportunity, which is in violation of the principles of natural justice. 1O. As discussed supra, having accommodated the petitioners in a1i respects, respondent Nos.2 and 3 should have registered the said property in favour of the petitioners by considering the representation, dated 27.I1.2O2O.

11. In the light of the said discussion, the impugned proceedir-rgs, dated 30.04.2022 are set aside. Respondent Nos.2 and 3 are directed to execute the registered saie deed in favour of the petitioners purslrant to the allotment letter, dated 01.06.2010 and proceedings, dated 05.07.201O within a period of one month from the date of receipt of copy of this order. L2. Accordingly, both the writ petitions are disposed of. There sha11 be no order as to costs. ( I I XL.J W.P.No.934a .2023 and ||p 2laOO 2022 1 As a sequel, miscellaneous petitions, if any, pending in the Writ Petitions shall stand closed. //TRUE COPY// SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR SECTION OFFICER riat, Tank Bund, State I To SA TJ

1. The Principal Secretary, Housing Department, Sec Government of Telangana at Hyderabad.

2. The Vice Chairman and Housing Commissioner, Telangana Housing Board, Hyderabad - 500001 . Hyderabad - 500001.

3. The Executive Engineer (HG), South Division, Telangana Housing Bo'ard,

4. Two CCs to GP FOR HOUSING, Hlgh Court for the State of Telangana at Hyderabad. [OUT]

5. One CC tc, SRI C.BUCHI REDDY, Advocate (OPUC) 6. One CC to SRI tt4lRZA SAFIULLA BAIG, Advocate [OPUC] 7. Two CD Copies w HIGH COURT DATED:27l03t2LTs -I tlc S 1'A l6: $( v L) 17 JljN 216 r) '+ i t)r: Sno.TC\r gO COMMON ORDER WP.Nos.21BOO OF 2022 AND 9348 of 2023 DISPOSING OF THE BOTH WRIT PETITIONS WITHOUT COSTS. I