Dismissed

B.S.Subhakar, (died) by his L.R. v. District Collector, Kurnool District

Telangana HC25 Apr 2014WP/11844/2004

Case brief

AI extract

What is this about?

This order dismisses a writ petition by a freedom fighter challenging the allotment of a house-site in Dinna Devarapadu village instead of his preferred location in Kallur. The Court held that allotment is an administrative prerogative and the petitioner cannot demand a specific plot.

What did the court decide?

Writ petition dismissed; no order as to costs; miscellaneous petitions disposed of as infructuous.

B.S.Subhakar, (died) by his L.R. Vs… — Public Procurement and Tenders | Telangana HC (2014)

¶1

HON’BLE SRI JUSTICE CHALLA KODANDA RAM

¶2

W.P.No. 11844 of 2004

¶3

DATE: 25.04.2014

¶4

Between:

¶5

B.S.Sudhakar (died) and six others .. Petitioners And The District Collector and three others .. Respondents

¶6

O R D E R:-

¶7

The main grievance of the writ petitioners, who claim themselves to be the freedom fighters, is that the 3^rd respondent - Mandal Revenue Officer, instead of allotting them houses-sites in Sy.No.781/J situated in Kallur Gram Panchayat, Kurnool District, had allotted them house plots admeasuring 40 x 26 ft. in Dinna Devarapadu village which is situated far away from Kurnool Town, and further, the respondents are trying to allot house-sites situated in Kallur village to journalists. Hence, the present writ petition is filed seeking appropriate directions.

¶8

The 3^rd respondent – Mandal Revenue Officer has filed counter affidavit stating that Dinna Devarapadu village is situated within the distance of one kilometre of Kurnool municipal limits and the colony is well developed and adjacent t o G.Pulla Reddy Engineering College which is a popular college. It is further stated that Kollur village has been merged into limits of Kurnool Municipal Corporation and on account of the drainage channel passing through the land which is sought to be allotted to the petitioners, the same could not be assigned to them.

¶9

Having hearing the learned counsel for both the parties and perused the material placed on record, this Court cannot find fault with the authorities, who have allotted house-sites to the petitioners in Dinna Devarapadu village, which place is not

¶10

according to the expectation and desire of the petitioners, inasmuch as it is within the exclusive domain or prerogative of the respondents to identify a suitable land to fulfil the obligation which they have undertaken to provide house-sites depending on the necessity and availability of the land. The petitioners cannot, as a matter of right, demand the authorities for allotment of house-sites in a particular locality or survey of their choice. In the absence of such right, no exception can be taken to the action of the respondents in allotting house-sites to the petitioners in Dinna Devarapadu village.

¶11

For the foregoing reasons, the writ petition is devoid of merits and accordingly dismissed. No order as to costs.

¶12

As a sequel to the dismissal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

¶13

_______________________ CHALLA KODANDA RAM, J 25.04.2014

¶14

bcj

B.S.Subhakar, (died) by his L.R. v. District Collector, Kurnool District

Case brief

What is this about?

What did the court decide?

B.S.Subhakar, (died) by his L.R. v. District Collector, Kurnool District

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Saragadam Sivalakshmi, Vs Hindustan Petroleum Corporation Ltd, Visakhapatnam

B. Gnanaprakash S/o Isack Vs The Mandal Revenue Officer

Meraka Suryanarayana Vs The District Collector

South Andhra Lutheran Church, Vs The District Collector

Smt. Karri Veerayyamma Vs The Mandal Revenue Officer

P. Gangadharam, Vs The District Registrar