IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4924 of 2009 Between: R. Venkat Reddy S/o. R.Narayan Reddy Sujathanagar Constituency, R/o. NSP Residential Quarter No.CADA-2 in N.S.P.Camp Colony, Tekulapally of Khammam District. ..... PETITIONER AND 1 Executive Engineer, Nagarjunasagar Left Branch Canal (NSLBC), O & M Division, Tekulapally, Khammam, Khammam District. 2 Superintending Engineer, NSLPC, O & M Circular, Tekulapally, Khammam, Khammam District. 3 The District Collector, Khammam, Khammam District. .....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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing the impugned notice No.AB/A-4/Quarters/08-09/173M dated 03.03.2009 to the petitioner to vacate the quarter as illegal, arbitrary and without jurisdiction and same is liable to be set aside consequently direct the respondents not to evict the petitioner. Counsel for the Petitioner: MR.J.RAMACHANDRA RAO Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.4924 of 2009 ORDER: The Government of Andhra Pradesh extended facility to the legislators in the form of providing residential quarter within the constituency wherever it is possible. In the Khammam District, residential quarters constructed for the purpose of Nagarjuna Sagar Project were available. The petitioner is a Member of Legislative Assembly from Sujathnagar Constituency. Through proceedings dated 22.08.2007, the Superintending Engineer, NSLBC, O&M Circle, Tekulapally, Khammam District, the 2nd respondent herein, allotted quarter No.CADA-2 of N.S.C. Camp Colony, Tekulapally, to the petitioner, subject to certain conditions. However, in view of the notification issued for General Elections-2009 by the Election Commission of India, the Executive Engineer, NSLBC, O&M Division, Tekulapally, the 1st respondent herein, issued notice dated 03.03.2009 requiring the petitioner to vacate the quarter. The same is challenged in the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Irrigation and Command Area Development appearing for the respondents. The very purpose of allotting a quarter to a Member of Legislative Assembly is to enable him to reside in it and attend to the needs of the public in the constituency. The term of the petitioner is yet to be concluded. The mere fact that election notification was issued does not by itself constitute a ground to require the petitioner to vacate the quarter. The interests of the State can be protected by directing that the petitioner shall not carry on any activity of campaigning in the quarter and by stipulating that the petitioner shall not be entitled to reside in the quarter in case he ceases to be a Member of Legislative Assembly, after the elections are held. Hence, the writ petition is disposed of directing that the respondents shall not evict the petitioner till the results of the General Elections-2009 are declared. However, the petitioner shall not carry on any political activity or election campaign in the quarter. There shall be no order as to costs. ________________________ JUSTICE L. NARASIMHA REDDY 12th March, 2009. IBL