IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.7275 of 2010 Between: P.V. Sharada Devi ... PETITIONER a n d The Government of Andhra Pradesh, rep. by its Secretary Revenue Assignment (III) Department, Secretariat, Hyderabad … RESPONDENT ORDER: This writ petition has been filed by P.V. Sharada Devi seeking Mandamus declaring the action of the respondent in not allotting the plot bearing No.53, Bharani layout admeasuring 450 Sq. mts in TS.No.1, Block F, Ward 9 of Shaikpet village and mandal, Hyderabad pursuant to the recommendations of the empowered committee vide proceedings dated 05-11-2009 issued by the Chief Commissioner of Land Administration, Spl. Chief Secretary, A.P., Hyderabad as arbitrary and unjust. 2. The petitioners and her sister viz., P.V.V. Laxmi participated in national and international level in Badminton. They applied for allotment of house plot in recognition of their achievement in Badminton at national and international level. Initially a plot admeasuring 344.14 Sq. mts in Town Sy.No.23 block F, ward No.11, Banjara hills, Road No.5, Hyderabad was identified for allotment to the petitioner and his sister P.V.V. Laxmi. Since the plot is not free from litigation, alternative plot has been sought for. The application of the petitioner and her sister was forwarded to the Government. Ultimately a plot bearing No.53, Bharani layout admeasuring 450 Sq. meters (530 Sq. yards) has been identified. The Chief Commissioner of Land Administration, Spl. Chief Secretary A.P., Hyderabad addressed a letter to the Government identifying the said plot and recommending for collection of market value in respect of additional land admeasuring 106 Sq. meters. There being no action on the part of the Government for allotment of alternative plot, the petitioners has approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the Government has not allotted any plot, the petitioner approached this Court by filing W.P.No.25574 of 2006 and sought for an interim direction. An interim direction came to be issued on 13-12-2006 to the respondents to expedite the process of allotment as recommended by the District Collector vide letter dated 20-01-1998 vide W.P.M.P.No.32785 of 2006. 4. When the writ petition came up for admission on 31-03-2010, the learned Government Pleader for Revenue received notice on behalf of the respondents and sought time to get instructions. Subsequently, the respondent filed counter-affidavit. 5. It is stated in the counter-affidavit that the recommendations of empower committee is yet to be examined by the Government with regard to allotment of plot as identified by the District Collector. It is further stated in the counter-affidavit that the petitioner has to secure the consent of her sister P.V.V. Laxmi to the effect that she does not claim for alternative land in future. 6. For better appreciation I may refer paragraph Nos.14 to 16 of the counter-affidavit, which reads as hereunder: “I submit that regarding recommendation of Empowered Committee only in favour of Smt.P.V. Sharada Devi the District Collector opined that Smt.P.V.V. Lakshmi may also can claim for alternate land in future, and hence an affidavit may be obtained from both players in this regard. Regarding extent to be allotted, it is submitted that as per above list Miss Neetha Dadwe was allotted (minimum) 378 Sq. yds and Sri P. Gopi Chand was allotted (maximum) 921 Sq. yds. But there are no policy guidelines for allotment of land in favour of players available in this office. It is submitted that the District Collector, Hyderabad has submitted the above report to the Special Chief Secretary and Chief Commissioner of Land Administration AP, Hyderabad in compliance to the Government Memo No.30947/Assn.III(1)/2008 dated 19-03-2010. In reply to the averments made in para 6 to 15 of the affidavit, I submit that the allegations of the petitioner that the action of the respondent in not allotting plot bearing No.53, Bharani layout admeasuring 450 Sq. meters in TS No.1, Block F, Ward No.9 of Shaikpet village and mandal Hyderabad pursuant to the recommendations of the Empowered Committee is incorrect and hence denied. Therefore, the petitioner has no right to question the authority at this stage for allotment of land and it is under active consideration of the Government soon after receipt of the report from the Chief Commissioner of Land Administration, appropriate action will be taken by the Government.” 7. Learned counsel appearing for the petitioner submits that there is no justification on the part of respondents in insisting the petitioner to pay market value for the additional extent of 106 Sq. meters. Learned counsel took me to the paragraph No.12 of the counter-affidavit in support of his contention that there is no uniformity with regard to the extent of land allotted to the national/ international players in various fields. 8. Be that as it may, as on this day no final decision has been taken by the Government on the recommendations made by the Empowered Committee. The petitioner has to place on record the affidavit of her sister that she will not claim any alternative land in future. On such affidavit being placed on record, the respondent has to take decision with regard to the allotment of plot as proposed by the Empowered Committee as early as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J August 18, 2010. PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.7275 of 2010 August 18, 2010