HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.4988 of 2025

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…be pleased to issue a Writ, Order or Direction, more particularly one in nature of Writ of Mandamus, declaring that the action of the respondents authorities more particularly the respondent Nos.3 and 4 in interfering with the peaceful possession and enjoyment of the 2BHK house bearing No.F2, Block 68, Gajwel-Pregnapur Municipality, allotted to the petitioner, vide Allotment Letter dated 21.03.2023, after the draw of lots, pursuant to the final eligibility list, dated 19.03.2023, finalized by the respondent No.2 without issuance of any notice nor following the due process, as illegal, improper, arbitrary, unjust, in violation of the principles of natural justice, violative of Articles 14, 21 and 300-A of the Constitution of India and unconstitutional and consequentially direct the respondents not to interfere with the occupation, possession and enjoyment of the said 2-BHK House bearing No.F2, Block 68, Gajwel Pregnapur Municipality, allotted in favour of the petitioner, vide allotment letter dated 21.03. 2023 and pass such other order or orders may deem fit and proper in the circumstances of the case…”

2. Considered the submissions of the learned counsel for the petitioner and Sri H.Somaiah Ezra Shastri, learned Assistant Government Pelader for Assignment appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that under the scheme vide G.O.Ms.No.10, Housing (RH and C.A1) Department, dated 15.10.2015, the petitioner was identified as beneficiary for allotment of double bedroom house. It is further stated that in terms of the policy laid down under the said G.O., a socio-economic survey has been conducted by respondent Nos.2 and 3 and the petitioner was selected for allotment of double bedroom house and he was enlisted at Serial No.1438. It is the case of the petitioner that he was allotted a double bed room house bearing Flat No.F2, Block 68, Gajwel-Pregnapur Municipality, Gajwel and he has been enjoyment of the same. The grievance of the petitioner is that at the behest of political hierarchy, respondent Nos.3 and 4 are frequently interfering with the peaceful possession of the petitioner and forcing him to vacate the premises allotted to him by stating that he is not eligible for the said house.

4. Learned Assistant Government Pleader for Home appearing for respondent No.4, on instructions, submitted that respondent No.4 is not interfering with the house property allotted to the petitioner.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 has submitted that mere mentioning the name of the petitioner under the beneficiary list does not take away the right of the State Government to conduct a detailed enquiry, if any complaint is received that the petitioner is ineligible for allotment of the said house.

6. Even if the submissions of learned Assistant Government Pleader for Revenue and Home are accepted, the respondents have to follow the procedure as per the guidelines prescribed by the Government from time to time, but the respondents are not having any right to interfere with the possession of the petitioner unless the said allotment is cancelled in accordance with law.

7. In view of the said submissions, the writ petition is disposed of, directing the respondents not to interfere with the possession of the petitioner of the allotted house bearing Flat No.F2, Block 68, Gajwel-Pregnapur Municipality, except in accordance with law.

8. With the above observations, the writ petition is disposed of. No Costs.

As a sequel, the miscellaneous petitions ending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY Date: 19.02.2025

EDS