Writ Petition No. 16687 of 2010 · Andhra Pradesh High Court

This Writ Petition has been filed seeking a mandamus declaring the action of the respondents in not including the names of the petitioners for sanction of houses in the list of beneficiaries of Dhobi Ghat of 6th lane, Dwarakanagar, Visakhapatnam as arbitrary and illegal and consequently, direct the respondents to allot houses to the petitioners by issuing pattas and also not to interfere with their peaceful possession and enjoyment of the same. The petitioners state that they belong to Rajaka community categorized as B.C. ‘A’. and they have constructed residential premises in the property adjacent to katcha dhobi khana and have been residing therein. Therefore, the respondent Corporation proposed to allot respective houses to all the beneficiaries under the scheme introduced by the Government of India known as JNNURM and in that process, the petitioners have been identified as beneficiaries and accordingly, they were issued identity cards.

Subsequently, when the petitioners made an application under the Right to Information Act, 2005, they were informed vide proceedings Rc.No. 168/2009/H-3, dated 09.09.2009, that their names were deleted from the list of beneficiaries in view of the suggestion made by the Rajaka Association. Hence, the Writ Petition. Learned counsel for the petitioners submits that in spite of the recommendations made by the Project Director to include the names of the petitioners for allotment of houses under JNNURM Scheme, the 1st respondent has not considered the same Learned Standing Counsel appearing for the 1st respondent submits that some of the aggrieved parties filed Writ Petition No. 16687 of 2010, wherein this Court, through its order dated 14.07.2010, directed the 1st respondent to consider the objections, after affording an opportunity of hearing to all the concerned. Therefore, he submits that after conducting an enquiry, appropriate decision would be taken by the 1st respondent, in accordance with law.

The petitioners are said to have made an application for sanction of houses under JNNURM Scheme. After due enquiry, the 2nd respondent recommended for inclusion of the names of the petitioners in the list of eligible beneficiaries for allotment of houses being constructed in the place of the existing dhobi khana by replacing four other caste people, who are shown as eligible as per the recommendations made by Rajaka Association. In spite of the said recommendations, the 1st respondent has not taken any action to include the names of the petitioners.