REGIONAL HOUSING ENGINEER Vs. COMPETENT AUTHORITY TRIBUNAL

JUDGEMENT

(1.) (Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of certiorari calling for the entire records relating to the Judgment and decree in A.S.No.143/91 dated 8-4-1996 on the file of District Judge, Srikakulam and quash the same as illegal, arbitrary and contrary to the evidence and record.)

(2.) Heard Sri Ranganadh Kumar, Standing Counsel representing A.P. Housing Board and Sri Narsing Rao, Counsel representing Sri. D. Ramalinga Swamy, Counsel for the 3rd respondent. The Writ Petition is filed praying for issuance of a writ of certiorari calling for the entire records relating to the Judgment and decree in A.S.No.143/91 dated 8-4-1996 on the file of District Judge, Srikakulam and quash the same as illegal, arbitrary and contrary to the evidence and record and to pass such other suitable orders.

(3.) The A.P. Housing Board, in short hereinafter referred to as Board for the purpose of convenience, had conducted a demand survey in the year 1979 calling for applications for allotment of M.I.G., L.I.G. and E.W.S. houses near Zilla Parishad at Srikakulam among other localities in the State of Andhra Pradesh. Pursuant to the said demand survey notification, the 3rd respondent had applied for allotment of Middle Income Group House and since there was a demand from the public for construction of houses near Zilla Parishad at Srikakulam the A.P. Housing Board had to construct houses there. Thereafter, land acquisition proceedings had been initiated and construction of 117 Middle Income Group houses had been taken up. After construction of the said houses, drawal of lots for allotment of 16 M.I.G. houses was conducted on 28-2-1993 among the demand survey applicants duly earmarking 11 M.I.G. Houses to be allotted by the Government under their discretionary quota. It is also stated that the High Court of Andhra Pradesh had quashed the discretionary quota G.O. as a result of which 11 M.I.G. Houses were to be allotted among the unsuccessful demand survey applicants of 1979. Accordingly drawal of lots was conducted on 17-2-1985 for allotment of 11 M.I.G. Houses and the 3rd respondent was allotted H.N.110, M.I.G. near Zilla Parishad at Srikakulam. It is also stated that the Board will borrow loans from the loaning agencies on payment of interest for construction of houses and the loan amount is to be paid in quarterly instalments along with interest. The Board is functioning on no loss and no profit basis.