THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos: 24888 & 26349 of 2008 COMMON ORDER: The District Collector, Nellore allotted 50 ankanams of land in Survey No.95 of Padarupally Village of erstwhile Nellore Taluk in favour of one Mr.Pelukuri Chandra Sekhar Reddy some time in the year 1985, to enable him to undertake social activity. The allottee is said to have executed a general power of attorney in favour of the petitioner-Mahila Mandali on 14.04.1999 enabling it to construct Ambedkar Bhavan and to undertake social activities. The petitioner states that on the basis of the general power of attorney, it had brought about constructions and a Mahila Mnadali is also being run in it. When the land was under the control of the original allottee, he constructed a shed and building for the benefit of physically handicapped persons. The 7th respondent in W.P.No.24888 of 2008 made several representations to the District Collector and other authorities stating that the District Physically Handicapped Association is being prevented from utilizing the premises. Several enquiries ensued in the matter at various levels and in fact, writ petitions were also filed. The District Collector passed an order dated 30.09.2008 directing that the Tahsildar, Nellore and the Assistant Director, Physically Handicapped, shall take possession of the building under the control of the Government and form a committee comprising of woman activists and members of physically handicapped association. W.P.No.26349 of 2008 is filed against the said order. W.P.No.24888 of 2008 is filed by the same petitioner challenging the action of the respondents in dispossessing it from the property. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue, and the learned counsel for the 7th respondent in W.P.No.24888 of 2008. The original allottee by name P.C.Reddy is not in possession of the land. It is not in dispute that the land was allotted to him to use it for social purposes. Though he developed the land and extended service to different sections to some extent, virtually he expressed his inability to carry the activities further and executed a General Power of Attorney in favour of the petitioner in the year 1999. Except the General Power of Attorney, the petitioner does not rely upon any other source. The petitioner could certainly have derived rights under the G.P.A., had the property been exclusively owned by the executant. When the allotment in favour of Mr.P.C.Reddy was for social and community benefit, he does not have the capacity to confer rights upon the petitioner. Further, the recitals of the G.P.A. themselves indicate that it was only intended to carry the objects further. Reference is also made to the services provided to the physically handicapped candidates. Once the original allotee was not maintaining the property, it was for the District administration to have taken possession of the property and put it to the proposed use. The Government itself has evolved various schemes for the benefit of Mahila Mandali as well as the physically handicapped candidates. If both the organisations need any accommodation, their request ought to have been considered after taking the possession of the property. Treating the Mahila Mandali and the physically handicapped association as rival claimants would virtually amount to abdication of powers on the part of the District administration. Even now adequate steps need to be taken for protecting the various sections, duly ascertaining the contributions and constructions made by them over the site. Therefore, the writ petitions are disposed of, directing that the District Collector, Nellore shall issue necessary proceedings for resumption of the entire property together with the building and consider the representations of the petitioner on the one hand and the physically handicapped association on the other for their accommodation, after due verification of the respective contributions made by them. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. It is specifically directed that the decision shall be taken by the Collector himself and it shall not be necessary to constitute a committee for this purpose. There shall be no order as to costs. _________ 28.01.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos: 24888 & 26349 of 2008 Date: 28.01.2009 JSU