Disposed

M/s. Campaign for Housing and Tenural Rights (Chatri) v. The Government of Andhra Pradesh, Revenue (Asn.Iv)

Telangana HC24 Aug 2012WP/1939/2009

Case brief

AI extract

What is this about?

This court disposed of writ petitions challenging Government Orders alienating lands as arbitrary and unconstitutional. The court directed the Government to review such allotments case-to-case based on a Division Bench judgment, considering valuation, location, and eligibility criteria while ensuring no duplicate plots are allotted to family members.

What did the court decide?

Government directed to review allotments on case-to-case basis, reconsidering valuation and eligibility and ensuring no family member receives a second plot.

M/s. Campaign for Housing and Tenural Rights (Chatri)… — Property and Title | Telangana HC (2012)

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HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

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WRIT PETITION NOS.1939 & 16700 OF 2009

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Dt: 24-08-2012.

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W.P.NO.1939 OF 2009 Between: M/S.CAMPAIGN FOR HOUSING AND TENURAL RIGHTS (CHATRI) A REGISTERED SOCIETY HAVING ITS OFFICE AT H.NO.4-6-509, EASMIA BAZAR, KOTI, HYDERABAD REP. BY ITS VICE PRESIDENT S.JEEVAN KUMAR .. PETITIONER

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AND GOVT. OF A.P., REVENUE (ASN.IV) DEPT., SECRETARIAT, HYDERABAD REP. BY ITS PRINCIPAL SECRETARY AND OTHERS .. RESPONDENTS

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HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR

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WRIT PETITION NOS.1939 & 16700 OF 2009

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COMMON ORDER: (Per THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)

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Writ Petition No.1939 of 2009 is filed praying to issue a Writ of Mandamus declaring the action of the 1^st respondent in issuing the Government Orders i.e. G.O.Ms.No.66, dated 22.01.2009, 192 dated 20-22009, 193 dated 20-2-2009 (subsequently amended vide G.O.Ms.No.310, dated 26.2.2009), 198 dated 20-2-2009, 203 dated 20-2-2009, 206 dated 202-2009, 215 dated 20-2-2009, 228 dated 21.2.2009, 240 dated 21.2.2009, 217, 227, 212, 209, 204, 201, 194, 199, 197 dated 20-2-2009, 240 dated 21.2.2009, 269 dated 24.2.2009, 281, 283, 287, 298, 301, 305, 309, 313, 315, 326, 329, 331, 333, 336, 337, 340 dated 26-2-2009, 304 dated 24.2.2009 alienating the lands in favour of respondents 3 to 41 as arbitrary, illegal, offending Article 14 of the Constitution of India and contrary to the orders passed by this Court in W.P.No.13730 of 2006, dated 08.10.2007 and consequently direct the 1^st respondent not to allot the lands in favour of respondents 3 to 41.

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Writ Petition No.16700 of 2009 is filed praying to issue a Writ of Mandamus declaring G.O.Ms.Nos.243 and 244 Revenue (Assignment-I), dated 28-02-2005 and also consequential G.O.Ms.No.313 Revenue (Assignment-II), dated 26-02-2009 issued by the 1^st respondent as illegal, arbitrary, unconstitutional, without jurisdiction, opposed to public interest and violative of Article 14 of the Constitution and consequently to set aside the

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same.

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We have heard each and every learned counsel appearing for the parties.

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As contended before us by learned counsel appearing for the parties, we direct the Government to review such allotments on case-to-case basis and take necessary steps in the light of the Division Bench judgment delivered by this Court in Dr.RAO V.B.J.CHELIKANI v. GOVERNMENT OF A.P .^[1] We make it clear that while reviewing the cases of the allottees the government should reconsider valuation, location and other necessary facets of each case and then shall take necessary decision in the matter in the light of the said judgment. We further make it clear that in doing so the government would also take into account the status of the parties in question who have applied before it. It is further directed that each prospective allottee must file an affidavit before the Government stating as to whether any plot is allotted to his family members i.e. spouse, children etc., who shall not be allotted another second plot in future. Further, the allotment, which has been granted to the allottees, must fulfil the eligibility criteria as per the norms/policy. The cooperative societies who are seeking allotment must file the list of members before such allotment and all such members must file an affidavit in the light of the said judgment.

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After observing all the above conditions, the government shall review the allotments granted by them, which are challenged in these writ petitions in the light of the said judgment.

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These writ petitions are disposed of on the above terms.

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( PINAKI CHANDRA GHOSE, ACJ )

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Dt: 24-08-2012.

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( VILAS V.AFZULPURKAR, J )

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TNB

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[1] 2010 (2) ALD 235 (DB)

M/s. Campaign for Housing and Tenural Rights (Chatri) v. The Government of Andhra Pradesh, Revenue (Asn.Iv)

Case brief

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M/s. Campaign for Housing and Tenural Rights (Chatri) v. The Government of Andhra Pradesh, Revenue (Asn.Iv)

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