HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 11844 of 2004 DATE: 25.04.2014 Between:
B.S.Sudhakar (died) and six others .. Petitioners And The District Collector and three others .. Respondents O R D E R:-
The main grievance of the writ petitioners, who claim themselves to be the freedom fighters, is that the 3rd respondent - Mandal Revenue Officer, instead of allotting them houses-sites in Sy.No.781/J situated in Kallur Gram Panchayat, Kurnool District, had allotted them house plots admeasuring 40 x 26 ft. in Dinna Devarapadu village which is situated far away from Kurnool Town, and further, the respondents are trying to allot house-sites situated in Kallur village to journalists. Hence, the present writ petition is filed seeking appropriate directions.
The 3rd respondent – Mandal Revenue Officer has filed counter affidavit stating that Dinna Devarapadu village is situated within the distance of one kilometre of Kurnool municipal limits and the colony is well developed and adjacent t o G.Pulla Reddy Engineering College which is a popular college. It is further stated that Kollur village has been merged into limits of Kurnool Municipal Corporation and on account of the drainage channel passing through the land which is sought to be allotted to the petitioners, the same could not be assigned to them.
Having hearing the learned counsel for both the parties and perused the material placed on record, this Court cannot find fault with the authorities, who have allotted house-sites to the petitioners in Dinna Devarapadu village, which place is not according to the expectation and desire of the petitioners, inasmuch as it is within the exclusive domain or prerogative of the respondents to identify a suitable land to fulfil the obligation which they have undertaken to provide house-sites depending on the necessity and availability of the land. The petitioners cannot, as a matter of right, demand the authorities for allotment of house-sites in a particular locality or survey of their choice. In the absence of such right, no exception can be taken to the action of the respondents in allotting house-sites to the petitioners in Dinna Devarapadu village.
For the foregoing reasons, the writ petition is devoid of merits and accordingly dismissed. No order as to costs.
As a sequel to the dismissal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
CHALLA KODANDA RAM, J 25.04.2014 bcj