IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4571 of 1999 Between: Sri Nadipene Rama Rao, S/o. Appa Rao, R/o. Saripalli Village, Nellimarala Mandal, Vizianagaram District. ..... PETITIONER AND 1 The A.P.State Housing Corporation Ltd., Rep.by its Managing Director, Hyderabad. 2 The A.P.State Housing Corporation Ltd., Rep.by its Branch Manager, Vizianagaram. 3 The District Collector, Vizianagaram. 4 The Mandal Revenue Officer, Nellimarala Mandal, Nellimarala, Vizianagaram District. 5 Mrs. Kilari Manikyam, W/o.Vibhishana Rao, Saripalli Village, Nellimerala, Vizianagaram District. 6 Mrs. Kilari Varahalu, W/o.Late Adiyya, Saripalli Village, Nellimerala, Vizianagaram District. 7 Mrs. Bonumahanthi Narayana, W/o. Adinarayana, Saripalli Village, Nellimerala, Vizianagaram District. 8 Mrs. Bantupalli Krishna, W/o. Errinaidu, Saripalli Village, Nellimerala, Vizianagaram District. 9 Mrs. Girijala Atchiyyamma, W/o. Apparao, Saripalli Village, Nellimerala, Vizianagaram District. 10 Mrs. Punumajji Mamma, W/o. Appu Ramaswamy, Saripalli Village, Nellimerala, Vizianagaram District. 11 Mrs. Moyida Chinnammadu, W/o. Adinarayana, Saripalli Village, Nellimerala, Vizianagaram District. 12 Mrs. Saripalli Appitchi, W/o. Pentaiah, Saripalli Village, Nellimerala, Vizianagaram District. 13 Mrs. Nadipena Akkiyyamma, W/o.Late Appatchinaidu, Saripalli Village, Nellimerala, Vizianagaram District. 14 Mrs.Majji Venkataramana, W/o.Rajasekhar, Saripalli Village, Nellimerala, Vizianagaram District. 15 Mrs. Sarpalli Ranjani, W/o.Vibhishana Rao, Saripalli Village, Nellimerala, Vizianagaram District. 16 Mrs. Sarpalli Satyathi, W/o.Satyanarayana Saripalli Village, Nellimerala, Vizianagaram District. 17 Mrs.Kilari Suramma, W/o.Late Appalanaidu, Saripalli Village, Nellimerala, Vizianagaram District. 18 Mrs.Moyida Venkatamma, W/o.Sureedu Saripalli Village, Nellimerala, Vizianagaram District. 19 Mrs.Moyida Venkataramana, W/o.Krishna Rao, Saripalli Village, Nellimerala, Vizianagaram District. 20 Mrs.Jaggupalli Satyam, W/o.Late Apparao, Saripalli Village, Nellimerala, Vizianagaram District. 21 Mrs.Karrothu Papiyyamma, W/o. Appalaraju, Saripalli Village, Nellimerala, Vizianagaram District. 22 Mrs.Bunumajji Tulasi, W/o. Apparao, Saripalli Village, Nellimerala, Vizianagaram District. 23 Mrs.Nadipena Padma, W/o.Ramarao, Saripalli Village, Nellimerala, Vizianagaram District. 24 Mrs.Bonumahanthi Kasirathnam, W/o.Easwara Rao, Saripalli Village, Nellimerala, Vizianagaram District. 25 Mrs.Bonumahanthi Chinnamma, W/o.Narsiyya, Saripalli Village, Nellimerala, Vizianagaram District. 26 Mrs.G.Ammanna, W/o.Late Sureedu Saripalli Village, Nellimerala, Vizianagaram District. 27 Mrs. Sarpalli Kanakarathnam, W/o.Ramdas, Saripalli Village, Nellimerala, Vizianagaram District. 28 Mrs. Paluri Lakshiminarasamma, W/o.Late Seetharam, Saripalli Village, Nellimerala, Vizianagaram District. 29 Mrs. Arthi Ammanna. W/o.Late Papinaidu Saripalli Village, Nellimerala, Vizianagaram District. 30 Mrs.Kilari Narayanamma, W/o.Tatamma, Saripalli Village, Nellimerala, Vizianagaram District. 31 Mrs.Bonumahanthi Sannammadu, W/o.Ganesh, Saripalli Village, Nellimerala, Vizianagaram District. 32 Mrs.Punumajji Adilakshimi, W/o.Late Venkataswami, Saripalli Village, Nellimerala, Vizianagaram District. 33 Mrs.Punumajji Srinivasa Rao, W/o.Late Venkataswami, Saripalli Village, Nellimerala, Vizianagaram District. 34 Mrs.Kilari Adilakshmi, W/o.Apparao, Saripalli Village, Nellimerala, Vizianagaram District. 35 Mrs.Pyla Appla Narasamma, W/o.Late Jagammadham, Saripalli Village, Nellimerala, Vizianagaram District. 36 Mrs.Chandaka Appiyyamma, W/o.Pydathalli, Saripalli Village, Nellimerala, Vizianagaram District. 37 Mrs.Majji Usha, W/o.Chandrarao, Saripalli Village, Nellimerala, Vizianagaram District. 38 Mrs.Allam Bangaramma, W/o.Late Chandrarao, Saripalli Village, Nellimerala, Vizianagaram District. 39 Mrs.Majji Lakshmi, W/o.Late Janardhan Saripalli Village, Nellimerala, Vizianagaram District. 40 Mrs. Sarpalli Adamma, W/o.Late Chinnayya, Saripalli Village, Nellimerala, Vizianagaram District. 41 Mrs.Nadipena Venkatamma, W/o.Late Narsi, Saripalli Village, Nellimerala, Vizianagaram District. 42 Mrs. Bantupalli Easwaramma, W/o.Vibhishana Rao, Saripalli Village, Nellimerala, Vizianagaram District. 43 Mrs.Majji Lakshminarasamma, W/o.Lakshminarayana, Saripalli Village, Nellimerala, Vizianagaram District. 44 Mrs.Messala Bhanumathi, W/o.Srinivasarao Saripalli Village, Nellimerala, Vizianagaram District. 45 Mrs.Arthi Bangaramma, W/o.Late Ramulu, Saripalli Village, Nellimerala, Vizianagaram District. 46 Mrs.Moyida Satyathamma, W/o.Late Apparao, Saripalli Village, Nellimerala, Vizianagaram District. 47 Mrs.Moyida Shyamala, W/o.Lakshamana Rao, Saripalli Village, Nellimerala, Vizianagaram District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or orders, more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent authorities in not conducting an enquiery into the irregularities commmitted in the allotment of the houses for economically backward classes under RPH 96-97 scheme of the 1st Respondent authority at Saripalli Village, Nellimarla Mandal opf Vizianagaram Dist., as arbitrary, illegal, null and void and contrary to the scheme conditions and against the priniciples of natural justice and to pass Counsel for the Petitioner:MR.VENKATESWARA RAO GUDAPATI Counsel for the Respondents: MR.K.MOHAN RAMI REDDY The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents 1 to 4 in allotting houses under R.P.H. 1996-97 Scheme for economically backward classes in favour of respondents 5 to 47 of Saripalli village, Nellimarla mandal of Vizianagaram Distirct, as illegal and arbitrary and consequently to issue direction directing the official respondents to cancel the allotment made in favour of the respondents and to re-allot the houses under the said scheme to the eligible persons including the petitioner. The case of the petitioner is that the A.P. State Housing Corporation (for short “the Corporation”) constructed houses under RPS-1996-97 for Vizianagaram assembly segment and the same have to be allotted to the economically backward classes. The said houses were completed by the 2nd respondent-Corporation and the said houses are being allotted to the ineligible persons who were already allotted in the earlier scheme and some are being allotted in the name of dead persons. The said irregularities have been brought to the notice of the respondents 3 and 4 by way of representation, dated 15.02.1999. A counter has been filed by the respondents 1 and 2 stating that 120 houses were taken up for construction under RPH-96-97 programme of Saripalli village, Nellimarla mandal and the government has allocated 500 houses to Vizianagaram assembly constituency with a unit cost of Rs.12,000/- and out of 500 houses so sanctioned, 120 houses were allotted to Saripalli village of Nellimarla mandal covered by Vizianagaram assembly constituency, basing on the proposals furnished by the M.L.A. As per the policy of the government, the M.L.A. concerned is vested with authority to select the beneficiaries up to 50% and remaining selection is by the District Development Review Committee. In the instant case, the beneficiary list containing 120 names was furnished for sanction and the formal administrative sanction was accorded by the Collector and out of 120 persons so selected, 33 persons are found ineligible for sanction of houses by the Mandal Revenue Officer, Nellimarla and the fact was intimated to the M.L.A. on which alternative names were proposed and revised sanction was accorded. Therefore, no allotment was made to the persons already allotted in the earlier scheme and in the name of dead persons as alleged. The representation dated 15.02.1999 of the petitioner regarding allotment of houses to ineligible persons, detailed enquiry has been conducted by the Mandal Revenue Officer, Nellimarla and during the enquiry it was found that out of 43 persons referred to in the petition, 42 persons were found eligible and out of 42 persons found eligible, 8 persons expressed their inability to construct the houses sanctioned to them with the amount given by the Corporation and requested for cancellation and accordingly sanction accorded earlier to one ineligible beneficiary and 8 others who were not willing for construction of houses, was cancelled and allotted to alternative eligible beneficiaries as selected by the M.L.A. under quota of 50% selections. In the circumstances of the case, I am of the opinion that as the petitioner has not filed any reply to the aforesaid contentions, it may not be said that the representation of the petitioner has not been considered. In view of the aforesaid facts and circumstances of the case and in view of the lapse of time, I am of the opinion that no case has been made out by the petitioner warranting interference by this Court and hence the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:04.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KMR}