IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24514 of 2007 Between: Girijan nagar Residential Welfare Association (REgd. No.3373 of 1996) Karmanghat Village, Saroornagar Mandal, R.R. District, rep. by its President R.Lalu. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 2 The Revenue Divisional Officer, Hyderabad East Division, Goshamahal, Hyderabad. 3 The Tahsildar, Saroornagar Mandal, Ranga Reddy District. .....RESPONDENT(S) 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 to pass an order or direction or writ under Article 226 of the Constitution of India, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not granting house pattas to the (241) remaining members of the petitioner-association, whose names are mentioned in the annexure enclosed herewith and, who were identified to be eligible for allotment of house sites, by the respondents in the year 1995, itself, in Sy.No.73 of Karmanghat village, Saroornagar Mandal, Ranga Reddy District, as bad, illegal, arbitrary, unjust and against the principles of natural justice and consequently direct the respondents to allot house site pattas to 241 remaining members of the petitioner-association, whose names are mentioned in the annexure enclosed herewith and who were identified to be eligible for allotment of house sites, by the respondents in the year 1995, itself, in Sy.No.73 of Karmanghat village, Saroornagar Mandal, Ranga Reddy District in Sy.No.73 of Karmanghat village, Ranga Reddy District and admit them to the housing scheme and pass such other and further order or orders, as this Hon'ble Court may deem fit and proper, in the circumstances of the case, in the interest of justice. Counsel for the Petitioner:MR.C.DAMODAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.24514 of 2007 ORDER: 1. The petitioner is an association of certain residents of Karmanghat Revenue Village, Saroornagar Mandal, Ranga Reddy District. It is stated that the land in Survey No.73 of the village has been declared as surplus and possession thereof was taken by the Government under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act,1973 (for short ‘the Act’). The petitioner states that way back in the year 1995, it approached the respondents 1 to 3 with a prayer to allot house-sites to its members over the land in Survey No.73. After verification of the eligibility, certain beneficiaries are said to have been identified and at a stage when pattas were prepared, consequential steps were withdrawn. This writ petition is filed with a prayer to direct the respondents to allot house-sites in favour of 241 members of the petitioner society in Survey No.73 of Karmanghat. On behalf of the respondents 1 to 3, a counter affidavit is filed. It is stated that the land in Survey No.73 had accrued to the Government under the Act and it is also stated that the said land was handed over to the A.P. State Housing Corporation for the purpose of construction of houses in multi-storied blocks. The respondents urge that as and when the construction is undertaken, such of the members of the petitioner society as are found eligible, would be considered for allotment. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue and the learned standing counsel for the Municipal Corporation. The petitioner, no doubt, was making efforts for the past more than one decade for allotment of house-sites to its members. The claim made by the petitioner was processed to a substantial extent. However, the land in Survey No.73 was alienated in favour of A. P. State Housing Corporation for the purpose of construction of multi-storied housing complex. Even that is for the benefit of weaker sections. As and when the construction is undertaken, the respondents have to consider the case of the members of the petitioner society. Much, however, would depend upon the eligibility of the members of the petitioner society and availability of the houses. Hence, the writ petition is disposed of directing that as and when any multi-storied housing complex is constructed over the land in Survey No.73 of Karmanghat Revenue Village, Saroornagar Mandal, the concerned authority shall consider the claims of the members of the petitioner society also. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 19-01-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}