THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33361 OF 2011 O R D E R: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in not issuing delivery of possession in pursuance of the allotment of plots to the petitioners under JNNURM scheme, dated 18.06.2009, though the construction of flats was completed long back as illegal, arbitrary and violation of Articles 14 and 16 of the Constitution of India and consequently hold that the respondents are bound to act on the allotment given to the petitioners and shall deliver the possession of flats allotted to them under the said scheme. 2. Heard both sides. 3. It is stated in the affidavit filed in support of the petition that the petitioners are residents of Dwarakanagar, Visakhapatnam District; that the Government introduced a scheme called as JNNURM (Jawaharlal Nehru National Urban Renewal Mission) and issued guidelines through G.O.Ms.No.638 MA, dated 28.8.2007, to implement the programme for housing to the poor; that as per the said G.O., eligibility for sanction of pucca housing for the poor the following categories of beneficiaries will be accorded priority. a. Occupants of houses in all objectional encroachments, which included settlements on river bed, nalasites, lake bed, railway lands etc., b. All occupants of thatched houses and semi- permanent houses in all the wards in the three cities provided such occupants possesses white cards with local city address; that the Government has issued revised guidelines by way of amendment through G.O.Ms.No.658, dated 3.9.2007, mentioning the following categories: a. Occupants of houses in all objectional encroachments, which included settlements on river bed, nalasites, lake bed, railway lands etc., b. All occupants of thatched houses and semi- permanent houses in all the wards in the three cities c. All below poverty line households semi-residing in rented accommodation, provided such occupants possesses white cards with local city address; that the first respondent called for applications from the locality and after thorough verification, selected 45 applications for allotment of flats; that as only 28 flats are available for construction, the first respondent decided to allot flats by way of draw system among the 45 candidates; that out of 45 applications, 28 were selected; that in the mean time, 4 candidates, who are not among the 28 candidates, submitted a complaint stating that the flats should be allotted only to t h e Razaka community and requested to remove other caste candidates; that even though there is no such condition in the guidelines, the 2nd respondent deleted 4 names from the list and incorporated other Razaka candidates; that aggrieved by the same, one M/s.Maa Raju Association filed W.P.No.23388 of 2010 before this Court and this court by its order, dated 23.08.2011, directed the petitioner therein to make a representation to the respondents and the respondents were directed to consider their request; that though there is a dispute among the 4 candidates, the respondents have stopped delivery of possession to all the 28 candidates for the reasons best known to them and hence, the present writ petition. 4. The grievance of the petitioners is that inspite of allotment of flats in the name of the petitioners, the possession was not delivered to them. 5. Having regard to the facts and circumstances of the case, especially in view of the fact that inspite of allotment of flats in the name of the petitioners, possession was not delivered to them, respondents are directed to deliver the possession of the flats to the petitioners after payment of the requisite amount and also taking into consideration of the order, dated 23.8.2011, passed by this Court in W.P.No.23388 of 2010. 6. With the above observation, the writ petition is disposed of. No costs. _​_____________________ JUSTICE K.C.BHANU 23rd December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.33361 OF 2011 Date:23.12.2011 AMD