High Court for State of TelanganaWP/19055/2012disposed of no costs

Mala Tirupathaiah v. The State Of Andhra Pradesh,

2015-07-30C.V.Nagarjuna Reddy4 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.19055 OF 2012 DATED:30-7-2015 Between:

Mala Tirupathaiah and others ... Petitioners And The State of Andhra Pradesh Rep. by its Principal Secretary (Housing Corporation), Secretariat Hyderabad and others ... Respondents COUNSEL FOR THE PETITIONERS: Mr. U.Ramanjaneyulu COUNSEL FOR RESPONDENT NO.1: G.P. for Housing (AP) COUNSEL FOR RESPONDENT NO.2: G.P. for Revenue (AP) COUNSEL FOR RESPONDENT NOs.3 and 4: Mr. T. Sudhakar Reddy, Standing Counsel for A.P. Housing Corporation COUNSEL FOR RESPONDENT NO.5: None appeared

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed with the grievance that part payments to the petitioners in respect of houses constructed under Indiramma Housing Scheme are

not being released.

A detailed counter affidavit is filed by the Deputy Executive Engineer of Andhra Pradesh State Housing Corporation Limited, Sub-Division, Pattikonda, Kurnool District, wherein it is inter alia stated that payments to all the petitioners have been released depending upon the stage of construction of houses. The tabular statement prepared in the counter affidavit shows that in case of some of the petitioners full payments were released and in some other cases part payments have been made. Since withholding of the balance payments is attributable to the non-completion of houses in all respects, no mandamus can be issued to the respondents to make full payment unless the houses are completely constructed by the beneficiaries. However, the petitioners are permitted to approach respondent No.3 by producing proof of completion of construction.

On production of such proof, respondent No.3 shall verify and release the balance payments. As regards the amounts released to respondent No.5, the grievance of the petitioners is that the same have not been released by the former. Respondent No.3 is directed to examine this grievance of the petitioners and ensure that respondent No.5 releases the payments received by her to the respective petitioners to whom the amount is intended to be paid.

Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P. No.24421 of 2012 shall stand disposed of as infructuous.

________________________ C.V. NAGARJUNA REDDY, J 30-7-2015 bnr