THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.981 of 2008 Date : 4-2-2008 Between : Chintala Ganapathi Rao s/o. Satyanarayana and another .. Petitioners and The Principal Secretary (Projects) Irrigation & CAD Department, Government of A.P., Secretariat, J Block, 7th Floor, Hyderabad-22 and another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.981 of 2008 ORDER: 1. Heard the Counsel on record. 2. The learned Assistant Government Pleader for Irrigation had taken notice on 24-1-2008 and requested time to get instructions. The instructions are placed before this Court. 3. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not finalizing the proposals submitted to the Government for allotment of dilapidated quarter Nos.28-2 and 29-3 in S.No.569 of Belagam, Parvatipuram Mandal, Vizianagaram District in favour of petitioners in accordance with the provisions of G.O.Ms.No.61, Irrigation & CAD (PW.NSP.1) Department, dated 3-7-2004 as arbitrary and illegal and consequently to direct the respondents to accord necessary approval for allotment and to pass such other suitable orders. 4. It is stated in the affidavit filed in support of the Writ Petition that the 1st petitioner is residing in P.W.D. quarters bearing Door No.28-2 of Belagam, Parvatipuram Town, Vizianagaram District since 2003 which is in a dilapidated condition. Similarly, the 2nd op is residing in P.W.D. quarter bearing Door No.29-3, Belagam of Parvatipuram Town, Vizianagaram District since 1998 which is also in dilapidated condition. Further it is stated that some of the employees who had occupied the P.W.D. quarters at Belagam had vacated due to bad condition of the quarters. The said quarters were constructed long back during the year 1926-27 in S.No.569 of Belagam, Parvatipuram Municipality for allotment to its employees on a standard rent for accommodation/rental basis and they became dilapidated and unfit for living. It is further stated that there are two quarters which are also in dilapidated condition in which the petitioners are residing after repairs at their cost. The said quarters also are likely to become unfit for living in a short while as the Department had left its maintenance with a view that the cost of maintenance is more and not fit for further use. It is also further stated that the Government had issued orders in G.O.Ms.No.61, Irrigation & CAD (PW.NSP.1), Department dated 3-7-2004 for disposal of the quarters at Nagarjuna Sagar Dam site to the occupants who are in occupation for more than one year prior to the date of sale at nominal cost basis. In view of the existing orders of the Government, the petitioners had put in a representation to the 1st respondent in Lr.No.1052-C.E./AB/EC-1 dated 31- 12-2005 under intimation to the 1st respondent for allotment on par with G.O.Ms.No.61, Irrigation & CAD (PW.NSP.1) Department dated 3-7-2004. Further, the Superintending Engineer, Irrigation Circle, Bobbili had also addressed the Engineer-in-Chief, Medium Irrigation, Irrigation & CAD Department, Hyderabad in Lr.No.656- C.E./AB/EC-II dated 21-9-2007 for allotment as was done in the case of Nagarjuna Sagar Project. Further, it is stated that the 2nd respondent had also addressed the Engineer-in-Chief I & CAD Medium Irrigation, Hyderabad in Lr.No.478-ENC/AB/EC-II dated 17-10-2007 for allotment of quarters and site at nominal rate in terms of G.O.Ms.No.61, I&CAD (PW.NSP.1) Department dated 3- 7-2004. It is also further stated that so far the 1st respondent had not taken any action and therefore the petitioners are constrained to approach this Court. The 1st respondent has to consider and pass orders on the application for allotment of dilapidated houses in the occupation of the petitioners. Further, the petitioners are required to spend further amounts to repair the houses which the petitioners can do if the allotment is made in their favour. The non-consideration and non-allotment of the houses in favour of the petitioners while doing the same for other similarly situated persons is violative of equality before law enunciated in the Constitution of India. In such circumstances, the petitioners are approached this Court praying for the appropriate relief already specified supra. 5. The learned Assistant Government Pleader on instructions states that proposals already had been submitted to the Secretary to Government, Irrigation, A.P., Hyderabad and the proposals are under examination at the Government level. It is also further stated that in such circumstances, it cannot be said that there is any violation, arbitrary action or illegality. 6. In the light of the specific instructions placed before this Court, let the 1st respondent consider the proposals and take appropriate decision in this regard within a period of two months from the date of receipt of this order. 7. The Writ Petition is accordingly disposed of. No costs. _________________ Justice P.S.Narayana Date : 4-2-2008 AM