Weaker Section Welfare Socbtv ( ReSd. No. 32111989 l' 23-78 v. 1. The State of A.P
Case Details
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pteased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in not completing the process of allotting the house sites to the beneficiaries recognized by the respondents in an extent of Ac. 3.25 guntas sy.No. 135 of Kothapet ViHage, Uppal Mandal is illegal, arbitrary and contriry to the orders passed in W.P. No. 184141200 dt. 5.12.2000 and violative of Articie 21 of the Constitutiofl of lndia and consequently direct the respondents to allot the house sites to the members of the petitioners in sy.No. 135 of Kothapet Village, Uppal Mandal, Ranga Reddy District l.A. NO: 1 OF 2009(W PMP. NO: 25987 OF 200S ) Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be deased to direct the respondents to expedite the process of allotting the lands to the members of the petitioner society by considering the representation dated 21.04.2009 pending disposal of writ petition l.A. NO: 2 OF 2009 MP. NO : 25988 OF 2009 PetitionunderSectionl5lcPcprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition' the High Court may be pleased to d-irect in" Lipono"nts not to attoiine land admeasuring Rc. a.zs guntas.in sy.No.'135 of ;i;-t6;i niil";e. Uppat Mandat, Ransa Reddy District to any third parties pendins disposal of the writ Petition Counsel for the Petitioner: SRl. V V SATISH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KT'MAR trIRIT PETITION No.19925 of 2fi)9 ORDER: The writ petition is frled seeking the following prayer: issze ang writ order or direction more partiatlarlg one in the nahtre of wit of Mandamus declaring tLE inaction of tle respondents in not completing the proess of allotting tle twuse sites to the benefrciaies recognized bg the respondents in an extent of Ac.3.25 guntos Sy.1Vo.l35 of Kothopet Village, Uppal Mandal is illegal arbitrary and antrary to the orders passed in W.P.No.18414/2OOO dt.5.12.2OOO and uiolatiue of Article 2 1 of tle Constittttion of India and consequentlg direct tle respondents to allot tle house sifes to tLLe members of tle petitioners in Sg.No.135 of Kothapet Village, Uppal Mandal, Ranga Reddg Di.strid."
2. Heard Sri V.V.Satish, learned Counsel appearing for the petitioner and learned Government Pleader for Revenue, appearing for the respondent Nos. 1 to 4.
3. The brief facts of the case are that the petitioner is a registered society bearing No.321/1989 under provisions of Registration of Societies Act, which is established for promoting the interests of Weaker strata of the societ5r. As Petitioner- society approached the ofhcial respondents herein repeatedly, for sanction of house sites to its members who are economically ?- 2 poor, the state acted upon them and directed the Mandal Revenue Officer to conduct a Socio Economical Survey over the living conditions of the members of the petitioner societ5r. After conducting the said survey, respondents found an extent of Ac.3.25 gts of land situated in Sy.No.135 of Kothapet Village, Uppal Mandal feasible to grant house sites ancl the sarne has been approved by the respondent authorities of HUDA vide letter No.4616/MP2lHUDAlgs, dated 29.04.1997' As the respondent authorities are delaying the allotrnent of house sites, petitioner-societ5r filed W.P.No-la4l4 of 20OO before this Hon'ble Court to direct the respondent authorities for issuing house sites to the petitioner-society and the Crlurt vide order dated 05.12.2000, disposed the said writ petition and passed the following orders: "It is tle case of the petitioner societg tlwt thE respond.ent No.2 and 3 haue also recommended the case ofthe petitioner societg to tte first respondentto allotment of house site pattas. Accordirqlg, the third respondent submitted a layout plan for an extent of Ac.3.32 gurutas to the Vice-Chairman, Hgderabad IIrban Deuelopment Authoritg and the same u)as i, t 3 c,lso approued by the HUDA in proceedings No.46 1 6/ MPS/ HUDA/ 9 5, dated 1 9.4. 1 997. Hauing heard tle learned counsel on eitter side, taking into consideration tle facts and circttmstances of the case and witlaut eryressing ang f.nding or opinion on tle merits of the case, I direct the respondents to expedite the matter, if tte members of the petitioner society are entitled to house pattas. " Thereafter, the petitioner-societ5r made several representations to implement the Court order dated O5.|2.2OOO, but the respondent authorities have not acted upon the respondent representations made tJ.e petitioner- society.
4. While things stood so, petitioner-societ5r came to know that the respondent authorities are proposing to allot the very sarne land in Sy,No. 135 of Kothapet Village, Uppal for construction of Rajiv Gruhakalpa. On 21.O4.2OO9, the petitioner-society made representation to the respondent authorities to drop allotment of the said land to Rajiv 4 Gruhakalpa, but the respondent authorities drd not act upon the said representation. Hence, the present writ petition.
5. This court vide order dated 17 .O9.2OO9 in W.P.M.P.No.25987 of 2009 in W.P.No.19925 ol'2009, directed the respondents to expedite the process of allotting the lalds to the members of the petitioner society by t:onsidering the representation dated 21.O4.2OO9. Thereafter, no counter has been frled on behalf of the respondent No.S and the petitioner has not made any submissions to the extent whether the land allotted to the petitioners is given to the said Ra.iiv Gruhakalpa. In view of the same, keeping this writ petition pending is of no use.
6. It is to be noted that this Court in the earlier writ petition i.e.,W.P.No. 184t4 of 2009, without [6ing into mt:rits of the case has already directed the respondents to consider the case of the petitioner-society if they are otherwise eligible. In the light of the above, this Court deems it proper that respondent No.2 shall make endeavour to consider the case of the petitioner- society for allotment of any other house sites if the petitioners are otherwise eligible. It is made clear that entirt: exercise shall l 5 be complied with a period of three{O3) months from the date of receipt of the copy of this order. It is also made clear that this Court has not expressed any opinion in this writ petition on the merits of the case on the eligibility of the petitioners' allotment of house sites.
7. Accordingly, the Writ Petition is disposed' As a sequel, miscellaneous applications pending, if any, shall stand closed. SD/.N. SRIHARI PUTY REGISTRAR D SECTION OFFICER tariat, Hyderabad I To, //TRUE COPYII
1. The Principal Secretary, Revenue Department, 2. The- District Collector, Ranga Reddy District. . [,Trffixii.iir?:r,.:ionat officer, Easr Division, Ransa Reddy Disrrict at
4. The Tahsildar, Uppat Mandat, Ranga REddy District at uppal. 5. One CC to SRt. V V SATTSH Advocate tOpUCl 6' Two ccs to Gp FoR REVENUE,H.gh court for the State of rerangana. touTj
7. Two CD Cooies KKS GJP I HIGH COURT DATED:1310212025 ./ /:' - ( 3 0 t'iirr ZBl5 t oI'.go61r'rrlO =;; ORDER WP.No.19925 of 2009 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ft,cJtL vooloil1,i