HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 25-9-2009 WRIT PETITION No.1222 OF 2007 Between: N.Yadaiah. …Petitioner. And: 1. Chief Commissioner of Land Administration, Andhra Pradesh at Hyderabad and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.1222 OF 2007 This Writ Petition is filed seeking to declare the action of the respondents 1 to 4-The Chief Commissioner of Land Administration, Andhra Pradesh at Hyderabad, District Collector, Medak at Sangareddy, Revenue Divisional Officer, Sangareddy, Medak District and G.Narasimloo, President, Class 4th Class Employees, Co-operative House Building Society Limited, Sangareddy, in not complying with the directions issued vide Proceedings No.E3/3097/2002, dated 31-3-2006 in allotting plots to eligible 4th Class Employees in Sy.No.203/4 of Kalvakunta Village, Sangareddy Mandal, as arbitrary, illegal and violation of Directive Principles of State Policy of the Constitution of India and set aside the allotments. The case of the Writ Petitioner, in brief, is as follows: The petitioner is the 4th Class employee working in Ground Water Department, Sangareddy, Medak District and due to retirement on 31-10-2007, he does not own any house at Sangareddy or any other place. On representation given by the 4th respondent-President, 3rd respondent-Revenue Divisional Officer had recommended for alienation of government land in S.No.203/4 to an extent of Ac.5.20 gts situated at Kalvakunta village of Sangareddy Mandal for the purpose of house sites. The 1st respondent-Chief Commissioner of Land Administration, vide Ref.BB3/805/94, dated 19-12-1994 had ordered alienation of the said land in favour of the society for house sites on payment of market value of Rs.75/- per sq.yard. The 2nd respondent-District Collector vide proceedings No.E3/3097/2002, dated 31-3-2006 had issued proceedings allotting an extent of Ac.5.20 Guntas in Sy.No.203/4 of Kalvakunta village, Sangareddy Mandal to the 4th Class Employees Co- Operative House Building Society, Sangareddy for house sites on payment of market value of Rs.75/- per sq.yard on certain terms and conditions. The land in question was allotted to the 4th Class Employees to provide shelters to the disadvantaged classes at nominal price of Rs.75/- per sq.yd. to an extent of 100 yards even though the value of the land in question is Rs.8000/- per sq.yd. The 4th respondent-President had allotted plots at his whims and fancies even though it has been clearly stipulated that the land should be allotted only to the members seeking allotment of lands for the first time and all the members who were allotted lands shall file affidavits to the Society stating that they have not received the benefit of concessional allotment from the Government earlier. One Veeraiah, Syed Sadulla, Moinuddin, Bhoomaiah, Narsimloo at Serial Nos.63, 65 and 66 who had already been allotted plots in Rajampet Colony Sangareddy in the year 1979-80 had been included in list for allotment of house sites at Serial Nos.63, 65, 66, 99 and 9 of letter dated 8-12-2006 submitted by the 4th respondent-President, so also, one Ch.Srinivas working as Senior Assistant in Divisional Co-Operative Society, Sangareddy and B.Narsoji working as clerk, were allotted house sites even though they are not 4th Class employees. The 4th respondent-President misusing his powers had got himself allotted two plots bearing Nos.36 and 37, even though he owns a house in the plot allotted by the Government in 1979-80, i.e., plot No.486, in Rajampet Colony. Apart from that, he had allotted plots to the persons whose names are not figured in the application submitted to the competent authority for allotment. Besides the bogus allotments, he kept 13 plots without allotting the same to any one with a view to allot the same to the persons who can part him with huge amounts. The lay out prepared by the 4th respondent was not got approved and there is every possibility of misusing the plots, as it is not known as to how many plots where earmarked for allotment and what is the open land for recreation, lung space etc. Thus, the 4th respondent-President had not complied with the conditions incorporated in the allotment of letter of the Government issued vide proceedings in question. In this connection, the petitioner had represented to the 2nd respondent-Collector, but no steps are taken in this regard. Hence, the Writ Petition. Heard the learned Counsel for the Petitioner and the learned Government Pleader for Home. The grievance of the petitioner is that even though the petitioner and other disadvantaged class are entitled for the allotment of the land in question, the 4th respondent-President is not complying with the conditions incorporated in the allotment of letter of the Government issued vide proceedings in question, by misusing his powers. Hence, he seeks to direct the respondents to set aside the allotments made against the proceedings No.3/3097/2002 dated 31-3-2006 issued by the 2nd respondent- Collector. It is stated by the petitioner in the affidavit filed in support of the writ petition that on the representation made by the 4th respondent, the 3rd respondent had recommended alienation of Government land and 1st respondent-Commissioner had ordered for alienation of the said land in favour of the Society represented by the 4th respondent-President and 2nd respondent-Collector issued proceedings allotting the land in question for house sites on payment of Market Value of Rs.75/- per sq.yd. But the 4th Respondent-President had not complied with the directions issued vide proceedings in E3/3097/2002 dated 31-3-2006. In this connection, he made a representation to the 2nd respondent- Collector. However, no steps have been taken in this regard. Except stating a bold statement, the petitioner has not filed any copy of the representation submitted to the 2nd respondent- District Collector. In the absence any such material, it is not possible for issuance of any direction sought for in the Writ Petition. Accordingly, this Writ Petition is dismissed. No order as to costs. ________________________ Justice G.CHANDRAIAH Dated 25th September, 2009 Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.1222 OF 2007 Dated 25-9-2009