A.Narasimha Rao v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 28675 OF 2011 Between:

A. Narasimha Rao .. Petitioner and The District Collector, Kadapa and others .. Respondents DATE OF JUDGMENT PRONOUNCED: 12.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

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

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

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 28675 of 2011 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. With the consent of the parties, the writ petition is disposed of at the admission stage itself.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the 1st respondent in ordering the 3rd respondent to enquire into the allegations of issuance of house site pattas to ineligible persons, as illegal and arbitrary.

The averments in the affidavit filed in support of the writ petition would show that the residents of Kotha Madhavaram Village, Ontimitta Mandal, Kadapa District, who are houseless poor persons, are eking out their livelihood by doing weaving work. It is said that the Government allotted land admeasuring Acs.4.986 cents in Survey No.101/A to 101/A6 with a view to distribute the same as house sites to the displaced persons of Somasila Project. On 24.08.2005, the 3rd respondent is said to have conducted a Gramasabha in the presence of elders and displaced persons of Somasila Project.

After conducting enquiry, 46 persons were said to have been selected for grant of house site pattas. It is alleged that the all the beneficiaries are not residents of Kotha Madhavaram Village and that many of them died while the remaining beneficiaries did not construct

any houses in the plots allotted to them which are still lying vacant. It is further stated that the 3rd respondent is indulging in selling the plots to third parties through mediators. Narrating all the above facts, the petitioners are said to have made a representation dated 29.08.2011 to the 1st respondent seeking an enquiry into the matter, who in turn, directed the 3rd respondent to conduct inquiry. It is said that till date, no enquiry is conducted by the 3rd respondent. Questioning the action of the 1st respondent in ordering the 3rd respondent instead of the 2nd respondent to conduct an enquiry and also the inaction on the part of the 3rd respondent in conducting the enquiry, the present writ petition is filed.

Since the request of the petitioner is only with regard to disposal of his representation dated 29.08.2011 which was forwarded to the 3rd respondent, the Writ Petition is disposed of, by directing the 3rd respondent to dispose of the same, in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.

___________________________ JUSTICE C. PRAVEEN KUMAR 12th August, 2015 cbs HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

WRIT PETITION No. 28675 of 2011 12th August, 2015 cbs