Handicapped Welfare Association v. The District Collector And 2 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION NO.3346 OF 2006 ORDER:

This writ petition is filed, seeking to declare the action of the respondents in not issuing house site pattas in Sy.No.159, admeasuring Ac.2.05 guntas of Bagh Hayathnagar village, Ranga Reddy District to the eligible 66 members in petitioner's association in pursuance of the 3rd respondent proceedings dated 24-4-2006 as illegal arbitrary, unjust and violative of Article 21 of the Constitution of India and consequently direct the respondents to issue house site pattas to the members of the petitioner's association.

2.

It is the case of the petitioner that the members of the petitioner association are landless poor and they have no permanent house site shelters and they are in below poverty line. The association gave a representation to the Nodal Officer on 16-12-1995 for allotment of residential house site pattas to its members in Government Poramboke land in Sy.No.159, situated in west side of Kuntloor road in Hayatnagar village and Mandal, Ranga Reddy District. In pursuance of the said representation, the 3rd respondent wrote a letter dated 2-2-1996 to the Nodal Officer informing that after receiving survey report, appropriate decision will be taken for issuance of patta certificates. The Government also issued G.O.Ms.No.483, dated 16-8-1999 for change of the land from conservation use to residential use. It is further stated that the respondents did not take any action for allotment of the said land to the petitioner's association.

3.

Heard.

4.

It is argued on behalf of the petitioner that the representation submitted by the petitioner's association is still pending with the respondents and no action has been taken by them for allotment of the said land to the petitioner's association. 5.

In view of the facts and circumstances of the case, the petitioner's association shall file a representation within a period of one month from the date of receipt of a copy of this order and thereafter, the respondents shall consider their request and provide them suitable land or shelter within two months as per the availability of land and as per the eligibility of the petitioners and also as per the Government Schemes prevailing, by duly considering the letter in Lr.No.C/3571/98, dated 24-04-2000 of the 3rd respondent. In the event of the petitioner's association failed to file representation within one month from the date of receipt of this order before the respondents, their right stands forfeited. 6.

With the above observation, the writ petition is disposed of accordingly. As a sequel, the miscellaneous petitions, pending if any, shall stand closed.

_______________________ T.AMARNATH GOUD, J Date: 08-12-2017.

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