B Srinivas And 2 Others vs Secretary Housing Board And ...
2022 Latest Caselaw 2673 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                 WRIT APPEAL No.718 of 2017

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 12.04.2017 passed by the learned Single Judge in

W.P.No.12892 of 2017.

     The facts of the case reveal that the writ petition was

preferred   by    the    appellants        (writ     petitioners)        being

aggrieved by the order dated 25.02.2016 passed by the

competent authority of the Andhra Pradesh Housing Board

in exercise of powers conferred under Section 53 of the

Andhra Pradesh Housing Board Act, 1956, read with Rule

32 of the Andhra Pradesh Housing Board Rules, 1959,

holding that the appellants are liable to be evicted.                      As

there was a remedy of appeal before the learned Chief

Judge, City Civil Court, Hyderabad, the learned Single

Judge has disposed of the writ petition with a liberty to

avail the alternative remedy.
                                2




      The writ appeal was preferred in the year 2017, no

request was made for early hearing of the matter and we

are now in the year 2022.

      Learned counsel for the Housing Board has informed

this Court that the appellants have already been evicted

from the premises in question and therefore, no further

orders are required to be passed in the matter.

      Learned counsel for the appellants has disputed the

title of the Housing Board and is also claiming damages.

      At this stage, in case the appellants are disputing the

title of the Housing Board and are claiming damages, the

appellants are free to file a civil suit or to take recourse to

the other remedies available under the civil law.

      With the aforesaid, the writ appeal stands disposed

of.

      The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.



                            ______________________________________
                              SATISH CHANDRA SHARMA, CJ



                            ______________________________________
                               ABHINAND KUMAR SHAVILI, J
13.06.2022

vs