Petitioner sought writ to declare non-sanction of house site illegal. Court dismissed petition as inaccurate record shows earlier disposition directed awaiting outcome of acquisition challenge. Petition disposed of as infructuous.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29272 of 2013
Dated 1 9 th November, 2013
Between:
Vavilala Sarojini
…Petitioner
And
The State of A.P., rep.by its Principal Secretary, Revenue (Assignment) Department, Secretariat, Hyderabad and others
…Respondents
Counsel for the petitioner: Smt.Sridevi Juvvadi
for Sri P.Laxma Reddy
Counsel for the respondents: AGP for Revenue
The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in not sanctioning house site to the petitioner under freedom fighters quota in Penamaluru Mandal, Krishna District as illegal and arbitrary.
A perusal of the record shows that the petitioner has earlier filed W.P.No.14086 of 2009 for the same relief as claimed in this writ petition. This Court has disposed of the said writ petition along with W.P.No.14093 of 2009 filed by another person, by name, Smt.Surapaneni Kowsalya, w/o S.Radhakrishna Murthy, wherein while declining to direct the respondents to assign the land in R.S.No.65/1 as the same was needed for construction of drinking water tank, high school & public health center, this Court has held that the land admeasuring Acs.2.16 cents in R.S.No.59 was proposed to be acquired and that in view of the challenge made to the said acquisition by the owners of the land, the claims of the petitioners shall be considered for allotment of house sites whenever allotment of the said extent of Acs.2.16 cents is considered.
Having allowed the said order to become final, the petitioner cannot
maintain the present writ petition. The petitioner has no option other than awaiting the outcome of the writ petitions which were filed questioning the acquisition proceedings relating to Acs.2.16 cents in R.S.No.59.
For the above-mentioned reasons, the writ petition is dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.36368 of
2013 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
19th November, 2013 VGB
1 issue framed by the court
Whether the writ petition seeking house site under freedom fighters quota is maintainable given a prior order directing await certain acquisition proceedings.
Vavilala Sarojini
The State of A.P.
Principal Secretary, Revenue (Assignment) Department, Secretariat, Hyderabad
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
