A.P. H. B. Ravirala Allottecs ... vs The Chief Secretary,State Of ...
2021 Latest Caselaw 2400 Tel

Item No.6



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                          W.A.No.497 of 2016

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The matter is listed today in the category of 'for dismissal', as

none had appeared for the appellants/writ petitioners on two running

dates i.e on 10.02.2021 and 09.06.2021. On the last date of hearing,

learned counsel for the respondents No.3 and 4 had stated that he may

be permitted to obtain instructions from the Housing Board as to

whether allottees/members of the appellant No.1/Association had

taken possession of the subject houses by now. He was also directed

to give a written intimation of the next date of hearing to learned

counsel for the appellants/writ petitioners.

2. Learned counsel for the respondents No.3 and 4 states that he

had served learned counsel for the appellants/writ petitioners with a

notice informing him of the next date of hearing. It is only pursuant

to that, appearance is entered on behalf of the appellants/writ

petitioners. Learned counsel further states that out of 528 houses, 365

houses have already been registered and during the pendency of the

writ appeal, the final costs of the houses had been fixed by the

authority and therefore, even otherwise, the writ appeal is infructuous.

3. We are inclined to agree with the submission made by learned

counsel for the respondents No.3 and 4. Even on merits, in our

opinion, the writ petition filed by the Allottees Welfare Association

was not maintainable, that too when it relates to disputes regarding

non-statutory costs. If a particular allottee was aggrieved by the costs

fixed by the authority, it was for him/her to seek appropriate legal

recourse. Further, the tentative costs have now been converted into

final costs, which is a subsequent event. If any of the allottees are

aggrieved by the final costs, it is for them to seek appropriate legal

recourse.

4. The present appeal is disposed of in view of the aforesaid

observations along with the pending applications, if any.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 17.08.2021 JSU