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2014 Supreme(AP) 1447
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, J.
Chandra Venkata Narayana - Appellant
Vs.
Executive Engineer (FAC) NSJC O&M and SIFT Division and Ors. - Respondents
Writ Petition No. 19124 of 2011
Decided On: 03.12.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M. Vidyasagar
For Respondents/Defendant: AGP for Irrigation and CAD
Headnote:
Civil Application – Accommodation to employees – Dispossession from property – Writ Petition is filed for a Mandamus to declare the action of the official respondents, in trying to dispossess the petitioner from the Quarter without following the due process of law, as illegal and arbitrary State has built quarters in Town, Guntur District, for providing accommodation to the employees involved in the construction of canal under Project area, where the quarters were constructed, was named as NSC Camp Colony. After completion of the project, the employees involved in construction of the project were transferred to various places in the State, as a result of which, the quarters, which are about 295 in number, have become vacant – Held, Pleaded case of the petitioner that he is a resident of that respondent No. 1 has allotted quarter No. EE/3 to him vide proceeding, and that since then, he has been in possession of the same petitioner further pleaded that the said quarter was earlier allotted to one M. himself as respondent No. 4 in the Writ Petition vide Order, dated in the year 1992; that he continued in possession thereof till 2010 and that though he was transferred from to different places, he has not vacated the quarter forcing the authorities to take back its possession under dated petitioner accuses respondent No. 4 for trying to cling to the quarter despite the fact of his being transferred to another place and drawing House Rent Allowance (HRA) to the tune of per month – It is trite that public largesse require to be distributed in a transparent, rational and equitable manner. The quarters were built by the Government for a specific purpose viz., to provide accommodation to the employees of a project. With the completion of the project, the construction of the quarters has outlived its purpose. It is, therefore, the responsibility of the Government to utilize these quarters in the manner, which serves the utmost public interest. The predominant purpose of letting out the Government quarters is not to earn income but to put the same to proper utility. In that process, the State must ensure that the persons, who are in need of accommodation, are allotted the quarters – Court is unable to comprehend as to why the State has not laid down the criteria for allotting the quarters. By conferring unfettered power on the executive apparatus, the State has allowed the quarters to be allotted to undeserving persons in the Society – Government quarters are vacant, the persons, who deserve allotment, are serving Government servants. After such allotment, if the quarters are still available, the retired Government employees, who do not have accommodation of their own, also deserve such allotment. By no stretch of imagination, the Government quarters can be allotted to politicians. If the quarters remain surplus after allotment to the serving and retired Government employees and if the State wants to utilize the same, it can let out the quarters to members of general public only by auctioning the leasehold rights. In my opinion, failure of the State Government to formulate the guidelines laying down the eligibility criteria has led to gross misuse of the Government quarters – Application is dismissed.
C.V. Nagarjuna Reddy, J.
1. This Writ Petition is filed for a Mandamus to declare the action of the official respondents, in trying to dispossess the petitioner from the Quarter bearing No. EE/3 in NSC Camp Colony, Vinukonda, Guntur District, without following the due process of law, as illegal and arbitrary.
2. This case is a paradigm of how people having clout are able to corner the public largesses taking advantage of loopholes in the administration.
3. The State has built quarters in Vinukonda Town, Guntur District, for providing accommodation to the employees involved in the construction of Nagarjuna Sagar canal under Nagarjuna Sagar Project. The area, where the quarters were constructed, was named as NSC Camp Colony. After completion of the project, the employees involved in construction of the project were transferred to various places in the State, as a result of which, the quarters, which are about 295 in number, have become vacant.
4. It is the pleaded case of the petitioner that he is a resident of Vinukonda; that respondent No. 1 has allotted quarter No. EE/3 to him vide proceeding No. AB/EC.I/F. No. M/62/983m, dated 24-11-2010, and that since then, he has been in possession of the same. The petitioner further pleaded that the said quarter was earlier allotted to one M. Sambasiva Rao (since impleaded himself as respondent No. 4 in the Writ Petition vide Order, dated 11-12-2013 in WPMP No. 37807 of 2011) in the year 1992; that he continued in possession thereof till 2010 and that though he was transferred from Vinukonda to different places, he has not vacated the quarter forcing the authorities to take back its possession under Panchanama, dated 09-01-2011. The petitioner accuses respondent No. 4 for trying to cling to the quarter despite the fact of his being transferred to another place and drawing House Rent Allowance (HRA) to the tune of Rs. 8,000/- per month. The petitioner further alleged that notwithstanding proceeding, dated 24-11-2010, allotting the quarter in his favour, respondent Nos. 1 to 3 have been exerting pressure on him to vacate the said quarter without cancelling the allotment proceeding issued in his favour. The petitioner has, therefore, filed the present Writ Petition.
5. One P. Aruna, the incumbent of respondent No. 1, has filed a counter-affidavit wherein she has stated that, as per the records, quarter No. EE/3 was originally allotted to respondent No. 4 vide proceeding No. 291M, dated 04-12-1992; that the said quarter was under the control of respondent No. 4; that on 24-11-2010, the then Executive Engineer by name T. Shanmukha Rao allotted the said quarter to the Distributary Committee Presidents Nos. 26 to 30; and that again under the same proceeding, the quarter was allotted to the petitioner, though an office copy thereof is not found (on record). It is further averred that the allotment was made to the petitioner without cancelling the allotments made earlier either to respondent No. 4 or to the Distributary Committee Presidents. It is alleged that T. Shanmukha Rao, who, simultaneously, held the posts of Deputy Executive Engineer, Camps and Buildings Sub-division, Vinukonda, and the Executive Engineer (FAC) of N.S.J.C.O. and M and S.I.F.T. Division, Vinukonda, was issued a memo by the predecessor of the deponent on 01-08-2011, to which the said Shanmukha Rao had given a reply, dated 24-08-2011, stating that he has allotted the quarter to the petitioner after cancelling the allotment made to the Distributary Committee Presidents; that, however, a request was made to him to cancel the irregular allotment of quarters made erroneously by him; and that the said memo and the reply were submitted to the Superintending Engineer, NSJC O&M Circle, Lingamguntla, for taking disciplinary action for the irregularities committed in the process of allotment of quarters. It is further averred that the Deputy Executive Engineer, NSJC O&M and SIFT Sub-division No. 1, Vinukonda, has reported in his lette
