Bhoja Gutta Weaker Section Welfare Association v. The State Of Ts

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No.6540 of 2018 Order:

This Writ Petition is filed challenging the action of the respondent authorities in threatening to demolish the houses of the petitioners situated in Survey Nos.297/1, 297/2/1, 297/3/1, 298/1 and 294/1 of Vivekananda Nagar, Bhojagutta, Mehdipatnam, Hyderabad, for implementation of Two Bed Room Housing Programme under G.O.Ms.No.10, dated 15.10.2015, without following due process of law. The petitioner is stated to be an Association consisting of 400 members, but the details of the members have not been given. When the matter is taken up for consideration, learned Advocate-General submitted that there were three earlier Writ Petitions which were disposed of by this Court by directing to consider the cases of persons who voluntarily vacated their lands, as and when they are found eligible for allotment of Two Bed Room Houses.

In the absence of any averments in the affidavit with regard to number of persons who are interested in Two Bed Room Houses, who vacated their lands on their own and who are in occupation, no relief can be granted in the present Writ Petition. Though the learned counsel for the petitioner submitted that an application for regularization was filed under G.O.Ms.No.58, dated 30.12.2014, no such application is filed along with the present Writ Petition. In the absence of the same, it is open to the petitioner or its members to make an appropriate application, but they cannot claim a right over the property as on today. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAMALI NGESWARA RAO, J Date: 27.02.2018 Nsr