IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14409 of 2008 Between: Dr.B.R.Ambedkar Yuvajana Sangam, Rep. by its President J.Shankaraiah S/o.Late Veeraswamy R/o.Lingojiguda Village, Saroornagar Mandal, R.R. District. .... PETITIONER AND 1 The State of A.P. rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Hyderabad. 2 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 3 The Special Grade Dy. Collector, and Revenue Divisional Officer, East Division, R.R. District, Malakunta, Hyderabad. 4 The Deputy Collector and Tahsildar, Saroornagar Mandal, Ranga Reddy District at Saroornagar. ....RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondents in proposing alienations and allotment to third party organisations/institutions while the lawful claims of the members of the petitioner's Association are pending for consideration in respect of the assigned land situated in Sy.No.2 of Dawood Khanguda, H/o Badangpet Village, Saroornagar Mandal, R.R. District covered by Proceedings No.C/1138/95 pending on the ﬁle of the Respondent No.4 herein as being arbitrary, discriminatory and illegal and violative of right to live as guaranteed under Art. 14, 15, 16, 19, 21 and 46 of the Constitution of India and consequently direct the respondents herein to consider the claims of the petitioner for construction of houses under the Indiramma Housing Scheme in terms of the instructions of the 2nd respondent vide Gem/453 dated 11.01.2008 and to pass such other order or orders. Counsel for the Petitioner: MR.S.TULASI DAS Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the president of Dr.B.R.Ambedkar Yuvajana Sangam, the petitioner herein stating that its members are landless poor persons and belong to weaker sections of the society. In the year 1997, the Government has prepared a list of beneﬁciaries for assignment of house site pattas in S.No.11 of Lingojiguda, Saroornagar Mandal, Ranga Reddy District. Subsequently, the said assignment could not be materialized and the said land was allotted in favour of AWARE hospitals for its expansion. The said allotment was challenged by the petitioners before this Court in W.P.No.25460 of 1998 and this Court vide orders dated 24.9.2001 disposed of the said writ petition with a direction to consider the case of the petitioners for allotment of house sites in the nearby places either adjoining Sy.No.66/14 or any other place within a period of three months and allot the same to them. Pursuant to the said orders, the authorities have identiﬁed Sy.No.2 of Dawoodkhanguda, a hamlet of Badangpet Village of Saroornagar Mandal and a list of about 400 beneﬁciaries consisting of local and non-locals belonging to down trodden communities was prepared and pattas were also issued and possession was also delivered vide File No.C/1138/95. It is stated that a lay out was also prepared by the Special Grade Deputy Collector and Revenue Divisional Oﬃcer, in the month of February, 2003 for the said land. Thereafter, on 12.12.2007, the petitioner has made a representation to the District collector requesting to consider their request for construction of weaker section housing colony in the lands allotted to them either under the Indiramma Gruha Pathakam, ﬁnanced by the Government or to grant permission to avail housing loans from ‘Spandana Investments’, Kothapet, Dilsukhnagar, a service oriented voluntary organization for taking housing scheme. The said representation was forwarded to the Tahsidlar and thereafter no action has been taken place. Hence they filed the present writ petition. The matter came up for admission on 7.7.2008. Thereafter, the matter underwent several adjournments and though suﬃcient time was granted, no counter aﬃdavit is filed. Today also, when the matter is taken up, the learned Government Pleader has again sought for time to file counter. It is submitted by the learned counsel for the petitioner that several houses are being constructed under Indiramma Housing Scheme and since the members of the petitioner association are also poor people belonging to weaker sections of the society, their case can also be considered under the said scheme as per the instructions of the 2nd respondent in Gem/453 dated 11.1.2008. Taking into consideration the submissions made by the learned counsel and also in view of not ﬁling of the counter aﬃdavit by the respondents, in spite of granting suﬃcient time, I consider it appropriate to direct the 2nd respondent – District Collector and the 3rd respondent – Special Grade Deputy Collector and the Revenue Divisional Oﬃcer, East Division, Ranga Reddy District to enquire into the matter and consider the representation of the petitioner association dated 12.12.2007 as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.04.09.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P. rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Hyderabad. 2 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 3 The Special Grade Dy. Collector, and Revenue Divisional Officer, East Division, R.R. District, Malakunta, Hyderabad. 4 The Deputy Collector and Tahsildar, Saroornagar Mandal, Ranga Reddy District at Saroornagar. 5 2CCs to GP for Revenue, High Court of A.P. Hyderabad. 6 2CD copies