N. Rama Devi v. The Mandal Revenue Officer, Khammam Urban Mandal,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 3944 of 2008 ORDER:

Heard learned counsel for the petitioners, learned counsel for respondent No.4, learned Government Pleader for Revenue and perused the records. With the consent of both the parties, the Writ Petition is disposed of at the admission stage itself.

The present Writ Petition came to be filed seeking to declare the action of the respondents in including the name of respondent No.4 in the list of beneficiaries as illegal and arbitrary and consequently direct respondent Nos.1 to 3 to delete the name of respondent No.4 from the list of beneficiaries. The averments in the affidavit filed in support of the Writ Petition are as under:

The petitioners claim themselves to be landless poor agricultural labourers. Having regard to the financial condition of the petitioners, they have applied for sanction of house under Indiramma Housing Scheme, as their village was selected for Indiramma Adarsha Village. It is stated that though application was made in the month of February, 2008, the respondents have not considered their application for sanction of house under the said Scheme. It is stated that the respondents selected ineligible persons for assignment of houses. Challenging the action of the respondents in putting the name of respondent No.4 in the list of beneficiaries, the present Writ Petition came to be filed. It is further prayed that their representation dated 21.02.2008 may be considered for allotment of house under Indiramma Housing Scheme. At the time when the matter is taken up for hearing it is brought to the notice of the Court that respondent No.4 was already allotted house and he is in possession of the same since long time.

The above said fact is not disputed by the learned counsel for the petitioners.

In view of the above, the request of the petitioners to delete the name of respondent No.4 from the list of beneficiaries cannot be accepted at this point of time. However, the respondents shall consider the case of the petitioners, if they are found to be eligible in any of the Schemes prevailing at present or as otherwise found to be eligible, in accordance with law. With the above direction, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 13.10.2015 vhb