IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Anil Kumar Jukanti, J
Vavilala Karunakar – Appellant
Versus
Tahsildar – Respondent
WRIT PETITION No.10500 OF 2016
| Table of Content |
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| 1. departmental memos regarding surveys do not confer absolute legal rights to house site allotment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
ORDER:
This writ petition is filed with the following prayer:
“... to issue a writ, order or a direction, more particularly, a writ in the nature of Writ of Mandamus declaring the action of the 1st respondent in not allotting the house sites to the petitioner and other applicants-villagers under Indiramma Housing Scheme in Survey No.451 of Illanthakunta Village, Jammikunta Mandal, Karimnagar District in pursuance of the representation made by the petitioner and others as well as in pursuance of the action initiated by the 1st respondent by Memo No.B/40/2009 dated 06.02.2009 despite submitting the report by the Mandal Surveyor of Jammikunta Mandal dated 15.10.2010 and after eligible list submitted by the Revenue Inspector and VRO as arbitrary, illegal, discriminatory and violative of Articles 14 and 21 of the Constitution of India and issue the consequential directions directing the respondents to forthwith allot the house sites to the petitioner and other applicants-villagers in Survey No.451 of Illanthakunta Village, Jammilunta Mandal, Karimnagar District, in the interest of justice and pass …”
2. Heard Mr. K.Muralidhar Reddy, learned Government Pleader and Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue for respondents.
3. There is no representation on behalf of petitioner. Matter pertains to year 2016. This Court is not inclined to grant any adjournments.
4. It is the case of petitioner that he along with 19 other villagers of weaker section are eligible for house sites under Indiramma Housing Scheme and submitted a representation to respondent No.1 to allot house sites in Government Poramboke land available in Sy.No.451 of Illanthakunta Village for construction of houses (under Indiramma Housing Scheme).
5. Pursuant to representation, respondent No.1 by Memo No.B/40/2009, dated 06.02.2009, directed the Mandal Surveyor of Jammikunta to prepare a layout in Sy.No.451 for allotment of house sites under Indiramma Housing Scheme (P1, Page No.15). Mandal Surveyor of Jammikunta issued notices to all the claimants asking them to appear on 08.02.2010 at Sy.No.451 (P3, Page No.20). A report was submitted along with a sketch map on 15.10.2010 by fixing the boundaries.
6. It is submitted that respondent No.1 after receipt of the report from Mandal Surveyor, instructed the Revenue Inspector and the Village Revenue Officer, to prepare eligible list of beneficiaries who applied for house site pattas.
7. It is the case of petitioner that he along with 19 others and some others were included, a total of 35 persons were in the list of eligible candidates. That respondent No.1 for reasons best known, did not proceed further and thereby denied and deprived the petitioner along with 19 others of their house sites for which they are eligible and entitled to get and as such action of respondent No.1 in not allotting the house sites for the purpose of construction of houses under Indiramma Housing Scheme is arbitrary and illegal.
8. Heard learned Government Pleader and Assistant Government Pleader, perused the record and considered the submissions.
9. In the cause title only petitioner is party, no others are made parties, but in the affidavit, it is stated that he is impugning the action of respondent No.1 in not allotting house sites to petitioner and others under Indiramma Housing Scheme in pursuance of representation made by him and others. The other members are not made parties, neither there are any names or reference to the other members, except in a representation dated 15.04.2008 which is a part of the record (at Page No.27, Ex.P5). The representation was addressed to Minister for Mines. Another representation is dated 20th September, 2010, by the petitioner.
10. Be that as it may, the entire fulcrum of the case depends upon the m
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