ABDUL IRFAN AMOODI Vs. A P HOUSING BOARD

JUDGEMENT

(1.) Whether offer made by the then Vice-Chairman of the Andhrs Pradesh Housing Board (for short 'the Board') to the appellant for sale of 68.19 square yards of the Board's land situated in Afzal Gunj, Hyderabad, which was unauthorisedly occupied by him can be enforced by issue of a writ of mandamus is the question which arises for determination in this appeal filed under Clause 15 of Letters Patent for setting aside order dated 25.1.2006 passed by the learned Single Judge in Writ Petition No.28064 of 2005.

(2.) The appellant is unauthorisedly occupying the land in question and has raised some construction over it. By taking advantage of communication dated 01.09.2003 sent by the then Vice-Chairman of the Board-cum-Housing Commissioner proposing to sell the land in question to the appellant at the rate of Rs.20,000/- per square yard, the latter filed Writ Petition No.28064 of 2005 with the prayer that the Board and its functionaries may be directed to sell the land in terms of communication dated 01.09.2003. In the affidavit filed by him, the appellant pleaded that in the past the Board has sold land at a fixed price to various unauthorised occupants and, therefore, he is entitled to purchase the land at the rates offered by the then Vice-Chairman.

(3.) In the counter affidavit filed on behalf of the Board by Sri K.Dharma Reddy, Officer on Special Duty, the following averments were made: