P BADARINATH Vs. ANDHRA PRADESH HOUSING BOARD

JUDGEMENT

(1.) The A.P. Housing Board, the 1st respondent herein, issued notice of public auction, proposing to sell plot Nos.79, 80, 81 and 82, in Phase-IX of Kukatpally Housing Board Colony. The auction was to be held on 25.10.2002. The petitioner quoted Rs.6,650/- per sq.yard, for plot No.82, and he emerged as highest bidder. In addition to EMD of Rs.1,00,000/-, he paid 1/4th of the cost of the plot, on the next day. The balance 3/4th of the amount was required to be deposited, in 30 days, i.e. on or before 25.11.2002.

(2.) The Executive Engineer, A.P. Housing Board, Western Division, the 2nd respondent herein, issued another notice of auction, dated 16.11.2002, proposing to sell open plots in Phase-IX, being Plot Nos.77, 78, 78/A and 83. Out of these plots, plot No.83, on the eastern side, and plot No.78/A on the rear side (northern side) of plot No.82, are triangular in shape. The petitioner filed W.P.No.23578 of 2002, challenging the action of the respondents, in proposing to sell plot Nos.78/A and 83.

(3.) On the ground that the petitioner did not pay the balance of 3/4th consideration for plot No.82; through their proceedings dated 25.8.2005, the respondents cancelled the auction of plot No.82, in favour of the petitioner. The same is challenged in W.P.No.25966 of 2005.