IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO Writ Petition No. 10477 of 2000 Between: 1. Pinto S/o.Thomas, Tirmulgherry Village & Mandal, Secunderabad. 2. Joshpin S/o.Late Anthony Tirmulgherry Village & Mandal, Secunderabad. 3. Ashrif Bee S/o.Lawrence Tirmulgherry Village & Mandal, Secunderabad. 4. Parvathamma W/o.Noyagam Tirmulgherry Village & Mandal, Secunderabad. 5. M.Susai S/o.Harry Tirmulgherry Village & Mandal, Secunderabad. 6. Saroja W/o.Harry Tirmulgherry Village & Mandal, Secunderabad. 7. Polin S/o.Stevan Tirmulgherry Village & Mandal, Secunderabad. 8. Dasarath S/o.Ratnam Tirmulgherry Village & Mandal, Secunderabad. 9. Vijaya W/o.Peral Tirmulgherry Village & Mandal, Secunderabad. 10.Julie W/o.Sunny Tirmulgherry Village & Mandal, Secunderabad. 11.Lilly W/o.Thomas Tirmulgherry Village & Mandal, Secunderabad. 12.Bambina D/o.Mary Late Tirmulgherry Village & Mandal, Secunderabad. 13.A.H.Nandhan S/o.Arun Dev Tirmulgherry Village & Mandal, Secunderabad. 14.N.Surender S/o.Pochaiah Tirmulgherry Village & Mandal, Secunderabad. 15.Sogai Mosen S/o.Late Mary Tirmulgherry Village & Mandal, Secunderabad. 16.Sumeetha W/o.Anjaiah Tirmulgherry Village & Mandal, Secunderabad. 17.Phillips S/o.Arokia Swamy Tirmulgherry Village & Mandal, Secunderabad. 18.Ratnamma W/o.Late C.Mallesh Tirmulgherry Village & Mandal, Secunderabad. 19.A.Babu S/o.Mallaiah Tirmulgherry Village & Mandal, Secunderabad. 20.Narasamma W/o.Late Laxmaiah Tirmulgherry Village & Mandal, Secunderabad. ..... PETITIONERS AND 1. The Revenue Divisional Officer, Secunderabad. 2. The Mandal Revenue Officer, Thirmulgherry Mandal, Secunderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue any writ, order or direction more particularly a writ in the nature of Mandamus declaring the action of the respondent No.1 in not issue possession certificates and allotment orders to the selected 20 persons as per the minutes of the meeting Collector Peshi vide Letter No.189/99, dt.15/2/1999 as well as Gram Sabha is arbitrary, illegal and violation of Article 14 of the Constitution of India. Counsel for the Petitioners: MR.SURESH BODGE Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE The Court made the following : O R D E R : This writ petition is filed seeking a writ of Mandamus declaring the action of the first respondent-Revenue Divisional Officer, Secunderabad, in not issuing the possession certificates and allotment orders to the selected 20 persons as per the minutes of the meeting held before the Collector Peshi vide letter No.189/99, dated 15.02.1999 as well as the Grama Sabha as arbitrary, illegal and violative of Article 14 of the Constitution of India. The learned counsel appearing for the petitioners submits that the Revenue Department, Government of Andhra Pradesh, has announced a scheme for allotment of house sites to the deserving poor people under the Housing Scheme of Tirmulgherry village, in Survey No.93. Accordingly, first respondent herein has already issued D-Form pattas to 128 persons in the village. Still there were 62 persons to be allotted D-Form pattas. The Grama Sabha of Tirmulgherry village, by its meeting, declared and selected 20 most deserving poor persons out of the above 62 persons to grant allotment of house sites under the housing scheme in Survey No.93 of Tirmulgherry village. Thereafter, the second respondent-Mandal Revenue Officer, Tirumulgherry, wrote a letter to the first respondent through proceedings No.B/1160/99, dated 19.02.1999, to issue possession certificates and allotment orders to the said 20 persons. Since then the matter is pending consideration and no final orders are passed by the first respondent, they are constrained to file this writ petition. The respondents have filed their counter affidavit, stating that the Government of Andhra Pradesh launched G+1 housing scheme for the landless poor persons and persons living below the poverty line. The housing scheme was taken up and there were nearly 190 persons, who were issued house site pattas. Out of 190 patta holders, 128 patta holders were allotted flats at first instance and again out of the remaining 62 persons, 20 patta holders, who are the petitioners herein, have been selected for allotment of flats. Ultimately, stated that the petitioners’ claim for eligibility has been considered, after conducting enquiry by the Mandal Revenue Officer, Tirmulgherry, and the Revenue Divisional Officer, Secunderabad, and in first instance, 12 patta holders have been issued the possession certificates and for the remaining eight patta holders, the enquiry is under process. Under those circumstances, I deem it appropriate to dispose of the writ petition, with a direction to the respondents to complete the enquiry and take immediate steps, preferably within eight weeks from today, to issue the possession certificates to the remaining eight persons also. With the above direction, the writ petition is disposed of. No order as to costs. _________________________ ELIPE DHARMA RAO, J. Dated: 17th June, 2005. CS ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Revenue Divisional Officer, Secunderabad. 2. The Mandal Revenue Officer, Thirmulgherry Mandal, Secunderabad. 3. Two C.Cs. to the Government Pleader for Revenue, High Court Buildings, Hyderabad. (O.U.T.) 4. 2 CD copies Form-NIC-OGS/WP{ESWAR}