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.4972 of 2009 Between: T. Veerabhadram S/o. T. Subabaiah Khammam Constituency R/o. Quarter No. CADA-I, N.S.P. Camp Colony, Tekulapally, Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Superintending Engineer, NSLBC, O&M Circle, Tekulapalli, Khammam 2 The Executive Engineer, Nagarjun Sagar Left Bank Canal, O & M Circle, Tekulapalli, Khammam 3 District Collector, Khammam District at Khammam. .....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 an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ (i) declaring the notice No.AB/A-4/Quarters/08-09/172 M dated 03.3.2009 issued by the Executive Engineer NSLBC, O & M Circle, Tekulapalli, Khammam as illegal and arbitrary; (ii) declaring the proceedings No.AB/EC6/Qrts/ 514-S dated 8.3.2009 issued by the Superintending Engineer, NSLBC, O&M Circle, Tekulapalli, Khammam as illegal and arbitrary and (ii) consequently set aside the same. Counsel for the Petitioner: MR.G.VIDYASAGAR 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.4972 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 Khammam Constituency. Through proceedings dated 21.07.2004, the Superintending Engineer, NSLBC, O&M Circle, Tekulapally, Khammam District, the 1st respondent herein, allotted quarter No.CADA-1 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 2nd respondent herein, issued notice dated 03.03.2009 requiring the petitioner to vacate the quarter and, subsequently, the 1st respondent issued proceedings dated 08.03.2009 cancelling the allotment made in favour of the petitioner and requiring him to handover the possession of the quarter. The same are 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