HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.25718 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in not delivering the possession in pursuance of the allotment of flat No.G-2 to the petitioner under JNNURM scheme, though the construction of flats completed long back as illegal, arbitrary and violation of Articles 14 and 16 of the Constitution of India and consequently hold that the respondents are bound to act on the allotment given to the petitioner and shall deliver the possession of flat allotted to her under the said scheme. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the petitioner is a resident of Srinagar, Visakhapatnam District; that the Government introduced a scheme called as JNNURM (Jawaharlal Nehru National Urban Renewal Mission) and issued guidelines through G.O.Ms.No.638 MA dated 28.8.2007 to implement the programme for housing to the poor; that as per the said G.O., eligibility for sanction of pucca housing for the poor the following categories of beneficiaries will be accorded priority. a. Occupants of houses in all objectional encroachments, which included settlements on river bed, nalasites, lake bed, railway lands etc., b. All occupants of thatched houses and semi-permanent houses in all the wards in the three cities; that the Government has issued revised guidelines by way of amendment through G.O.Ms.No.658 dated 3.9.2007 mentioning the following categories: a. Occupants of houses in all objectional encroachments, which included settlements on river bed, nalasites, lake bed, railway lands etc., b. All occupants of thatched houses and semi-permanent houses in all the wards in the three cities c. All below poverty line households semi-residing in rented accommodation, provided such occupants possesses white cards with local city address;. that the first respondent called for applications from the locality and after thorough verification, selected 45 applications for allotment of flats; that as only 28 flats are available for construction, the 1st respondent decided to allot flats by way of draw system among the 45 candidates; that out of 45 applications, 28 were selected; that in the mean time, 4 candidates who are not among the 28 candidates, submitted a complaint stating that the flats should be allotted only to the Razaka community and requested to remove other caste candidates; that even though there is no such condition in the guidelines, the 2nd respondent deleted 4 names from the list and incorporated other Razaka candidates; that aggrieved by the same, Smt Kandikonda Lakshmi and others filed W.P.No.16687 of 2010 before this Court and this court by its order dated 14.7.2010 directed the petitioners therein to make a representation to the respondents and the respondents were directed to consider their request; that though there is a dispute among the 4 candidates, the respondents have stopped delivery of possession to all the 28 candidates for the reasons best known to them and hence the present writ petition. 4. The respondents filed a counter denying the averments made in the petition and stated that a list of 45 beneficiaries has been identified and submitted to their office by the local Rajaka Samakhya Seva Sangham; that as the area is less, it has only accommodated 28 house flats in G+3 pattern. 5. The grievance of the petitioner is that inspite of allotment of flat in the name of the petitioner, the possession was not delivered to her. 6. Having regard to the facts and circumstances of the case, especially in view of the fact that inspite of allotment of flat in the name of the petitioner, possession was not delivered to her, the respondents are directed to deliver the possession of the flat to the petitioner after payment of the requisite amount and also taking into consideration of the order dated 23.8.2011 passed by this Court in W.P.No.23388 of 2010. 7. With the above observation, the writ petition is disposed of. No costs. _______________ K.C.BHANU,J. 08.11.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.25718 OF 2011 Date:08.11.2011 Gk.