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High Court for State of TelanganaWP/38915/2015disposed of no costs

K.Venkatrami Reddy, Sio.K.Pattabhirami Reddy, v. The State Of Telangana,

2015-12-08Vilas V.Afzulpurkar3 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.38915 OF 2015 ORDER:

Heard learned Senior Counsel for the petitioner and learned Government Pleader for Revenue.

The petitioner claims that he is a National Volley Ball player and on account of his outstanding merit in sports, his request for allotment of house site was considered by the Hon'ble the then Chief Minister and Plot No.54 admeasuring 538 sq. yards of land in Bharani Layout in T.S.No.1 Part, Block-F, Ward No.9, correlated to Survey No.403 of Shaikpet Village, Hyderabad, was stated to be available for allotment and the process was stated to have been finalised almost upto the level of Hon'ble the then Chief Minister. The petitioner has filed the copies of concerned note files obtained under the Right to Information Act, 2005, in support of the said contention. While the petitioner was awaiting the orders of allotment, the respondents proposed to take auction of the Government lands and the said Plot No.

54 was also proposed to be placed in open auction. Aggrieved thereby, the petitioner has moved the present Writ Petition. Similar such matters came up before this Court being W.P.No.36675 of 2015, wherein the proposed allottee was not a sportswoman, but she is the daughter of Reserve Inspector of Police, who had died in harness in extremist violence. The cases of several other sportsmen are stated to be under consideration for similar allotment of house sites.

This Writ Petition is similar to W.P.No.36675 of 2015 which was disposed of by this Court on 20.11.2015 with the following order: "Keeping in view the directions of the Hon'ble Lokayuktha, as extracted above, which already exist in favour of the petitioners, the writ petition is disposed of

directing the 1st respondent to consider the request of the petitioners, as recorded above, and take appropriate decision in accordance with law, as expeditiously as possible. No order as to costs."

In the aforesaid decision, this Court was informed that the Telangana State Land Management Authority would take appropriate decision regarding location and allotment of the lands. Accordingly, the said Writ Petition was disposed of directing the respondents to consider the case of the petitioners therein. In the present case also, allotment of Plot No.54 in Bharani Layout to the petitioner was almost completed except for the final order. As already held in the aforesaid Writ Petition, the request for a particular plot or its location cannot be insisted upon and it is for the Telangana State Land Management Authority to appropriately decide the location and site and the request for allotment of house sites to all eligible persons as per the Policy of the State and the Government accordingly shall take appropriate action expeditiously.

A direction to that effect having been already given in the Writ Petition, referred to above, the petitioner's case also deserves to be considered in the same manner along with all other sportsmen. Following the order dated 20.11.2015 passed in W.P.No.36675 of 2015, this Writ Petition is also disposed of directing the 1st respondent to consider the request of the petitioner and take appropriate decision in accordance with law, expeditiously, and communicate the same to the petitioner. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J

08.12.2015 KH