Smt. T.Mamatha, v. A.P. Housing Board Corporation

THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA

WRIT PETITION No.5792 OF 2011

ORDER:

The Government of Andhra Pradesh took up the housing scheme under JNNURM Housing Scheme (for short “the Scheme”) in survey No.127 of Yousufguda Village, Khairtabad Mandal in Annanagar Slum. The Housing Department undertook the construction activity and constructed 166 flats in the first phase in the aforementioned slum. The petitioners are some of the beneficiaries who have been allotted flats under the said scheme. On 22.02.2011, the petitioners were issued show cause notices by the Revenue Divisional Officer, Secunderabad Division, wherein it was stated that on re-enquiry conducted by the Tahsildar, Khairtabad Mandal, it has been revealed that out of 99 beneficiaries 19 beneficiaries have got their own houses and hence, they are ineligible for allotment of the flat under the scheme. The petitioners submitted their reply to the aforementioned show cause notice wherein they stated that neither they own any house nor have any possession certificates in their names apart from the flats which have been allotted to them under Scheme.

In pursuance to the show cause notice, on the reply submitted by the petitioners, another show cause notice dated 03.03.2011 has been issued by the Revenue Divisional Officer, Secunderabad Division directing the petitioners to furnish information with regard to the details of the house owned by them or any documentary proof if not possessing the house within a period of seven days from the date of receipt of the show cause notice.

Learned counsel for the petitioners submits that none of the petitioners own any other house apart from the flat allotted to them under the Scheme. Hence, they are not in a position to furnish any documentary proof. Learned counsel has argued that the aforementioned show cause notices issued to the petitioners be quashed. Learned counsel further submits that the respondents are