Marisetty Bhavani v. The Commissioner,Municipal Corporation, Eluru

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17477 of 2011 ORDER:

1.

This writ petition is filed by the petitioners seeking to enlist their names in the list of beneficiaries for construction of houses under various schemes, and also seeking to issue an interim direction to the respondents not to allot the plots, in which the petitioners claim possession by way of pattas granted to them, to others.

2.

It is the case of the petitioners that they belong to Backward Classes and Minority communities and that the 4th respondent sanctioned the house sites and issued pattas in their favour. When they applied for housing loan for the purpose of construction of houses, the said loan was sanctioned to them. The estimated cost of each house is Rs.50,000/-. The respondents while directing the petitioners to pay Rs.10,000/- each, stated that remaining balance of Rs.40,000/- will be paid by the Government through loan. As per the instructions of the respondents, some of the petitioners deposited Rs.5,000/- each. When the petitioners asked about completion of work of houses, the 2nd respondent replied that some of the petitioners' names were not added in the list.

When the petitioners made a complaint to the 5th respondent, a direction was issued to the 4th respondent to take action against the said complaints and to submit a report to the 3rd respondent. The 3rd respondent submitted a report to the 5th respondent. As per the information of the 4th respondent, even though the pattas were issued to the petitioners, the beneficiaries were not residing in the houses allotted to them. Further, it was informed that the pattas of the petitioners, who were not residing in the houses constructed by the respondents, will be cancelled.

the patta sites allotted to them without any interruption and the 1st respondent under the influence of the local political leaders is not taking any action to enlist the names of the petitioners. Hence, they approached this Court by way of this Writ Petition.

3.

The 3rd respondent filed a counter stating that the names of the petitioners were not included in the eligible beneficiaries list and that the patta certificates are not issued by the Revenue Department to the petitioners. It is stated that the petitioners have filed a representation to enlist their names in the beneficiaries' list. 4.

Heard and perused the material available on record. 5.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, this Court is inclined to pass the following order: "The 4th respondent is directed to dispose of the representation of the petitioners dated 21.5.2011, in accordance with law, as expeditiously as possible."

6.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J Date: 17th January, 2017 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17477 of 2011 Date: 17th January, 2017 Nn