IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 16704 of 2007 Between: Smt. Paruchuri Lakshmi Narasamma, W/o Late P. Subba Rao r/o Brundavan Gardens, Guntur, Guntur District. ..... PETITIONER AND 1. The Commissioner & Director of Municipal. Administration, A.P.,Hyderabad. 2. The District Collector, Guntur District, Guntur. 3. The Commissioner, Municipal Corporation, Guntur. .....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 a WRit,order or direction more fully one in the nature of Writ of Mandamus to direct the 3rd respondent herein to register the house site in petitioner favour an extent of 266.66 sq. yards in Plot No. 36, covered by LP No. 31/56, Block No. 21 Ward No. 18, T.S. No. 1707 situated at Brundavan Gardens, Guntur by giving the vacant land to the petitioner after removing the temporary structures int he said land inorder to implement G.O.No. 776 MA dt 19-06-2007 issued by the Municipal Administration and Urban Development department, the Government A.P. while declaring the action of the respondents in not registering the said plot in favour of the petitioner as illegal, viod and unjust and to pass such other order ororders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.GADE VENKATESWARA RAO Counsel for the Respondents.: GP FOR MUNICIPAL ADMINISTRATION. & URBAN DEVELOPMENT. The Court made the following : W.P.No.16704 of 2007 THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 16704 of 2007 ORDER: 1 This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in not registering the house site in favour of the petitioner to an extent of 266.66 square yards in plot No.36, covered by L.P.No.31/56, block No.21, Ward No.18, T.S.No.1707 situated at Brundavan Gardens, Guntur, as illegal and arbitrary and consequently sought a direction to the 3rd respondent to register the said house site in favour of the petitioner after removing the temporary structures in the said land in order to implement G.O.No.776 Municipal Administration and Urban Development Department dated 19.06.2007. 2 The petitioner is the widow of late Paruchuri Subba Rao, who worked as clerk in Guntur Municipality. Since the petitioner is not having any house or house site, she made an application to the 3rd respondent on 04.04.1991 for allotment of plot No.36, covered by L.P.No.31/56, block No.21, Ward No.18, T.S.No.1707 situated at Brundavan Gardens, Guntur Town, to an extent of 266.66 square yards. Accordingly, the 3rd respondent recommended the case of the petitioner to the 2nd respondent on 04.05.1993 stating that the said house site can be transferred in favour of the petitioner on the basis of no profit no loss. Since no action has been initiated by the 2nd respondent, the petitioner approached this Court and filed W.P.No.25111 of 2006 and this Court by order dated 20.12.2006 directed the respondents to consider the recommendation of the 3rd respondent and allot the house site in favour of the petitioner. Thereafter, the Government of Andhra Pradesh, Municipal Administration Department vide G.O.No.776 dated 19.06.2007 accorded permission to the 3rd respondent-Commissioner, Guntur Municipal Corporation to transfer the land in T.S.No.1707, Ward No.18, block No.21, plot No.36 of L.P.No.31/56 in Brindavan Garden of Guntur in favour of the petitioner. Since the 3rd respondent did not register the plot in question in favour of the petitioner, she approached this Court and filed the present writ petition. 3 Respondents 1 and 3 filed their respective detailed counter- affidavits. As per the counter-affidavit of the 1st respondent, the averments made by the petitioner were not disputed. However, according to the 3rd respondent-Municipal Commissioner, Guntur, since the land in question was located in prime locality and the value of the site is also abnormal, the same cannot be allotted in favour of the petitioner. It is further stated that the site in question was classified as Well site and it does not fit for construction of any permanent structure and as per the instructions issued by the Government from time to time, the rights of the Wells and tanks vest with the municipalities/Gram Panchayats and the same cannot be assigned in favour of any individual. 4 Heard learned Counsel for the petitioner as well as the learned Counsel for the respondents. 5 It is only on the basis of the recommendations made by the 3rd respondent, the Government issued G.O.No.776 dated 19.06.2007, which reads as under: “In the circumstances reported by the Commissioner and Director Municipal Administration, Hyderabad in the reference, the Government after careful examination of the matter hereby accord permission to the Commissioner, Guntur Municipal Corporation to transfer the land in T.S.No.1707, ward No.18, block No.21, plot NO.36 of L.P.No.31/56 in Brindavan Gardens of Guntur, in favour of Smt.P.Lakshmi Narasamma, widow of late Sri Parchuri Subba Rao, Guntur, under Rule 4 (1) of the Acquisition and Transfer of the Immovable Properties Rules 1967”. 6 When once on the recommendations made by the 3rd respondent himself, the 1st respondent addressed a letter to the Government and the Government of A.P., Municipal Administration Department vide G.O.No.776 dated 19.06.2007 accorded permission to the 3rd respondent to transfer the land in question in favour of the petitioner, now it is not open for the 3rd respondent to agitate stating that the land in question was located in prime area and it canot be assigned in favour of the petitioner. So long as the orders issued by the Government of Andhra Pradesh in G.O.No.776 dated 19.06.2007 are in force, the 3rd respondent-Municipal Commissioner, Guntur, is under an obligation to get the land in question transferred in the name of the petitioner by executing a regular sale deed. The stand taken by the 3rd respondent- Municipal Commissioner, Guntur, that the land in question cannot be tansferred in favour of the petitioner as the said land is located in prime locality, cannot be countenanced since the third respondent himself has made the recommendations for allotment of the land to the petitioner. May be it is true that the 3rd respondent in his counter-affidavit has stated that an alternative land will be provided to the petitioner, but, in my considered view that cannot be accepted because so long as the orders issued by the Government of Andhra Pradesh in G.O.No.776 dated 19.06.2007 are in force, the 3rd respondent is bound to implement the said orders. 7 The writ petition is accordingly allowed and the 3rd respondent- Municipal Commissioner, Guntur, is hreby direted to strictly adhere to the orders passed in G.O.No.776 M.A dated 19.06.2007 and transfer the land to an extent of 266.66 square yards in plot No.36, covered by L.P.No.31/56, block No.21, ward No.18, T.S.No.1707 situated in Brundavan Gardens, Guntur, in favour of the petitioner after getting the same registered in accordance with law, within a period of Six weeks from the date of receipt of a copy of this order. No order as to costs. -------------------------------------------- GOPALA KRISHNA TAMADA, J 10.12.2008 GSn.