IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13191 of 2008 Between: 1 Chintakunta Madiga Welfare Society, Chintakunta Village Karimnagar Mandal & District rep. by its President, K. Mallaiah, S/o. K. Pochaiah, R/o. 6-19, Gandhinagar Village, Chintakunta Mandal, Karimnagar District. 2 Andhra Pradesh Dr. B.R. Ambedkar Youth Association Rajendranagar Street, Village Chintakunta, Karimnagar Mandal & District, Karimnagar, rep. by its President M. Anjaiah. 3 Samatha Dina Vetana Coolila Samkeshema Sangham Rep. by is Treasurer, Smt. K. Nirmala W/o. K. Adi Reddy R/o. 5-2-33, Fathepura, Karimnagar Town. ..... PETITIONERS AND 1 The District Collector, Karimnagar. 2 The Revenue Divisional Officer, Karimnagar. 3 The Mandal Revenue Officer, Karimnagar. ...RESPONDENTS 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 issue writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction on the part of the respondents in not allotting the house sites in Govt. Land admeasuring 4 Acres situated in Survey No.439 situated in Chintakunta Village, Karimnagar Mandal & District to eligible persons and not considering the claims of the petitioners societies and allowing the ineligible persons to occupy the house plots as arbitrary and illegal and consequently, direct the respondents to allot the house sites to the members of the petitioners society by receiving their applications. Counsel for the Petitioners: MR.S.SATYAM REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by three associations claiming to have been formed by the Scheduled Castes, Dalits and daily wage coolies of Chintakunta Village of Karimnagar Mandal and District to look after the welfare of its community members. In this writ petition they are questioning the action of the respondents in not considering the claims of the members of their associations for allotment of house sites under Indiramma Scheme and also allowing the illegal sale and occupation of the house plots situated in the government land admeasuring Ac.4.00 in Survey No.439 of Chintakunta Village, Karimnagar Mandal & District. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue and at their request the writ petition is taken up for final disposal at the admission stage. It is the case of the petitioners that the subject matter of land has been identified for providing house sites under the Indiramma Housing Programme at 60 square yards each to the landless poor not having houses and the said land has been divided into plots. They made a representation to the 1st respondent for allotment of the house sites to its members. But however, the same were not allotted to them but ultimately after conducting a dharna in front of the office of the respondents, the authorities looked into the matter and conducted enquiry, which revealed that though the plots were not allotted to anybody, certain persons have put the basement and in about 80 plots, digging for foundation has been made. The enquiry also revealed that the husband of the Sarpanch of the Chintakunta Village and some Panchayat Members of the said village sold away the said plots. The petitioners have also made a joint representation on 18.6.2008 to consider their cases also for allotment of house sites but so far no action has been initiated on the said representation. Hence this writ petition. The learned Government Pleader for Revenue has produced before the court the parawise remarks which reveals that as per the survey, 181 beneficiaries were identified for construction of the houses and another 429 members list is submitted by the Sarpanch for providing house sites and after conducting enquiries, only 34 members were found eligible out of the said list. It is further stated that for the Indiramma 2nd phase beneficiaries, 150 plots were set apart for the beneficiaries of Kamanpur Village and out of the 400 applications received, the authorities identified only 36 beneficiaries and due to the election code, the same could not be allotted to the 36 beneficiaries. It is also stated that the remaining plots are now in the custody of the government and they would be allotted to eligible persons. Learned counsel for the petitioners contends that since vacant plots are now available, the same may be allotted to the members of the petitioner society who are fully eligible for such allotment. Since it is not possible for this Court to decide as to who are eligible persons for allotment of the house sites, the Mandal Revenue Officer, Karimnagar is directed to receive the applications of the members of the petitioners associations also and after conducting enquiry, if any eligible members are found allot the house plots to them in accordance with law. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.18.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Karimnagar. 2 The Revenue Divisional Officer, Karimnagar. 3 The Mandal Revenue Officer, Karimnagar. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P Hyd. 5 2CD copies