Andhra Pradesh High Court - Amravati
E. Girappa, Kurnool Dist. vs The Govt.Of A.P.,Irrigation,Hyd., 5 ... on 30 August, 2022
THE HON'BLE SRI JUSTICE VENKATESWARULU NIMMAGADDA
WRIT PETITION NO.13208 OF 2014
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
"To issue Writ of Mandamus to declare the impugned order passed by the 5th respondent herein in Procs.No.EE/CB/AB/A2/3377 dt 11.4.2014 cancelling the quarter bearing No.C/187 though the petitioner is ready and willing to pay the market value as fixed by the 4th respondent herein in terms of G.O.Ms.No.21 dt 5.2.2009 as being illegal arbitrary unjust and against to the principles of natural justice without jurisdiction and consequently set aside the same by directing the respondents to regularize the Quarter No C/187 Srisailam Project Kurnool District in terms of G.O.Ms.No.21 dt 5.2.2009"
Learned counsel for the petitioner would submit that, the petitioner was appointed as Grade-I Helper in N.S.R.S.P. Project, Srisailam, Kurnool District. Later he was promoted as Operator, Grade-IV and retired from service on 30.06.2013. During his employment, he was allotted residential Quarter No.C/187 which was meant for the employees of the project. After completion of the project, several quarters became surplus and they were allotted to other departments and private school teachers also. In this context, petitioner's son also submitted an application for allotment of quarter and after following necessary procedure he was allotted Quarter No.DR/25, in accordance with law.
While the matter stood thus, the first respondent - State issued G.O.Ms.No.21 Irrigation and CAD (PW-MAJOR.IX) Department dated NV,J WP No.13208 of 2014 2 05.02.2009, framing the scheme for allotment of Government Quarters of NSRS (Srisailam) Project to Below Poverty Line/retired Government Employees of the project. One of the condition stipulated in G.O.Ms.No.21 dated 05.02.2009 is that, all the occupants of the Irrigation Department quarters, who are below poverty line should be allotted the quarter/land under their occupation at free of cost, restricting to a maximum of 50 sq.mtrs per family, as it is the policy of the government for allotting houses to the people living below the poverty line.
Pursuant to G.O.Ms.No.21 dated 05.02.2009, the petitioner made an application to the respondents - authorities for allotting quarters as per the market value fixed by the authorities. Pending consideration of the application, the respondents issued proceedings dated 11.04.2014 under which the petitioner's allotment in respect of Quarter No.C/187 was cancelled on the ground that he is holding two quarters i.e. C/187 and DR/25.
Learned counsel for the petitioner further submits that, the Quarter No.DR/25 which was validly allotted in favour of his son cannot be said to be occupied by this petitioner, therefore, he is entitled for allotment and regularization of Quarter No.C/187 pursuant to G.O.Ms.No.21 dated 05.02.2009.
On the other hand, learned Government Pleader for Irrigation & C.A.D would submit that the petitioner never made any application or NV,J WP No.13208 of 2014 3 representation to the respondents - authorities for consideration of his case, pursuant to G.O.Ms.No.21 dated 05.02.2009.
Learned Government Pleader has further drawn attention to Paragraph No.7 of the counter affidavit filed by the respondents, it is specifically stated that the petitioner is in possession of the Quarter No.C/187.
Having regard to the facts and circumstances of the case and also the contentions and submissions made by the learned counsel for the petitioner and learned Government Pleader, I deem it appropriate to direct Respondent Nos. 3 to 5 to consider the case of the petitioner for allotment of Government Quarters/land of NSRS (Srisailam) Project as per G.O.Ms.No.21 dated 05.02.2009, if he is otherwise eligible for allotment of quarter on par with others. The said exercise shall be completed within a period of four months from the date of receipt of copy of this order.
With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous applications pending if any, shall also stands closed.
_____________________________________________ JUSTICE VENKATESWARULU NIMMAGADDA Date:30.08.2022 SP