Syed Ibrahim v. The State Of Telangana Rep By Its Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO.20926 of 2015 Between:

Syed Ibrahim, s/o. Syed Ali, Aged about 32 years, Occu: Welder, r/o.D.No.2-3-761/6/A, Durganagar, Amberpet, Hyderabad .. Petitioner AND The State of Telangana, rep.by its Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED : 04.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

1. Whether Reporters of Local Newspapers may : Yes / No Be allowed to see the Judgments ? :

2. Whether the copies of judgment may be marked: Yes / No to Law Reporters/Journals :

3. Whether Their Lordship wish to see the fair : Yes / No Copy of the Judgment ? :

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.20926 of 2015 ORDER:

Municipal Corporation constructed housing blocks in Chaderghat, MCH Colony, Amberpet and in Golnaka areas. According to the petitioner, in Golnaka area one unit of house comprising G+1 was constructed, but it was not allotted to any person. Having come to know that such house was vacant for long time, petitioner submitted a representation to the respondents 2 and 3 on 18.05.2015 requesting them to allot the said house to him. Alleging that in spite of his representation submitted on 18.05.2015, no decision is taken so far, this writ petition is instituted.

2. As seen from the averments made in the affidavit filed in support of the writ petition, petitioner is no way concerned with the construction of housing blocks by the municipal corporation. Petitioner cannot directly claim for allotment of any property belonging to the municipal corporation. The relief sought in the representation dated 18.05.2015 and in this writ petition if granted would amount to allotting the said house on nomination basis exclusively at the request of the petitioner. When the property is a public property, no such allotment or assignment can be given to any individual on nomination basis. Such allotment has to be made by following due procedure. Thus, petitioner, cannot, as a matter of course seek for allotment. However, as pointed out by the petitioner, if the said G+1 is vacant, there is no justification in keeping it vacant for long time, and therefore, the Deputy

Commissioner, Greater Hyderabad Municipal Corporation, Circle-IX, GHMC Block, Abids, Hyderabad (3rd respondent), should look into the matter and take necessary steps for allotment of said block to the deserving person by following due process. A decision to this extent should be taken within a period of four weeks from the date of receipt of a copy of this order.

3. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions if any pending in the writ petition shall stand closed.

__________________________ JUSTICE P.NAVEEN RAO Date : 04.08.2015 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.20926 of 2015 Date: 04.08.2015 kkm