THE HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER:

Heard Sri M. Damodar Reddy, learned counsel for petitioner and Sri Koripelly Madhusudhan Reddy, learned Standing Counsel for Telangana Rajiv Swagruha Housing Corporation Limited appearing for 3^rd respondent.

2. This Writ Petition is filed to declare the action of respondents in claiming the allotment of residential Flat admeasuring 685.50 Sq.ft. under Rajiv Swagruha Housing Scheme, Phase-II, at Papireddy Colony, Chanda Nagar, Hyderabad, to the petitioner under Lot No.419 vide her application No.6957, stands cancelled on account of non-payment of remaining balance amount, as illegal and issue consequential direction to the respondents to continue the allotment of subject flat in favour of petitioner and issue No Objection Certificate to enable her to pay the remaining balance sale consideration.

3. 3^rd respondent has filed counter-affidavit contending that petitioner was issued with allotment letter with Lot No.419 vide application No.6957 stating that she was selected for allotment of flat admeasuring 685.50 Sq.ft. with tentative cost of Rs.10,30,000/-. By way of a letter, 3^rd respondent has requested the petitioner to pay an amount of Rs.2,42,500/- after adjusting EMD of Rs.15,000/- within thirty days and balance amount in three (3) instalments. The details are also specifically mentioned in paragraph No.6 of the counter- affidavit. Petitioner has not paid the said amount within the aforesaid timeline. Therefore, 3^rd respondent has cancelled the said allotment. In paragraph No.8, 3^rd respondent has specifically contended that vide letter dated 03.12.2021, Special Chief Secretary to Government, Housing, has informed that the Government has decided to refund the applicant’s registration fee and also instalment amount which is paid without any deduction and without interest. Accordingly, vide Memo dated 17.01.2022, 3^rd respondent has instructed the General Manager (P) to refund the registration fee and instalment amount after thorough verification of the records and duly completing the procedure. It is further contended that the amount paid towards registration fee and the first instalment amount totaling to Rs.2,57,500/- will be refunded to the petitioner without interest as per memo dated

17.01.2022.

4. When the present Writ Petition was listed for hearing on 10.04.2025, in view of stand of 3^rd respondent in the counter- affidavit that petitioner has paid the amount towards registration fee and 1^st instalment amount will be refunded to petitioner without interest as per memo dated 17.01.2022, learned counsel for petitioner, on instructions, submitted to this Court that the petitioner is ready to accept the said amount without interest, as per memo dated 17.01.2022. Therefore, he sought time to file an affidavit of petitioner to the said effect.

5. Accordingly, petitioner has filed an affidavit vide USR.No.44897 dated 22.04.2025. In paragraph No.3 of the said affidavit, petitioner has specifically stated that she is ready to receive the said amount of Rs.2,57,500/- without any interest. Upon receipt of the said amount, she will not claim any right whatsoever in respect of the aforesaid flat and respondents can allot the same to any third person.

6. In the light of the above, 3^rd respondent is directed to return the amount of Rs.2,57,500/- to petitioner within four (4) weeks from the date of receipt of copy of this order. On receipt of the said amount, petitioner shall not claim any right over the subject property.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

_________________

K. LAKSHMAN, J

29^th APRIL, 2025.

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