IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY THE TWELVETH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 20856 OF 2009 Between:
Dr. D.V. Prasad … Petitioner V/s.
The Principal Secretary Revenue Department, Secretariat of A.P.
Hyderabad & Ors. … Respondents Counsel for the Petitioner : Sri R.K. Suri Counsel for the Respondents : GP for Revenue The court made the following : [order follows] HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 20856 OF 2009 O R D E R :
The petitioner prays for mandamus, declaring the action of respondents in allotting house sites to landless poor persons under a welfare scheme in survey No.399 etc. at Turkayamzal village, Hayathnagar Mandal, Ranga Reddy district is illegal, arbitrary and unconstitutional.
2. The petitioner owns and possess land in an extent of Acs:3-29 guntas in survey No.431 and 432 at Turkayamzal village, Hayathnagar Mandal, Ranga Reddy district. The petitioner’s land is admittedly in the neighbourhood of survey No.399.
The complaint of the petitioner is that high voltage electrical lines are already laid and passing over the petition survey number and the respondents without having a holistic or objective view of safety etc. are proceeding to give house site to the beneficiaries under the welfare scheme. A look at the averments, no doubt show the petitioner champions the cause of poor people and the safety. But the heart of his complaint is that in the neighbourhood there ought not to be allotment of house-sites under a welfare scheme at all. The writ petition is filed on the strength of news paper report dated 16/9/2009. By reference to these averments, this court would have summarily dismissed the writ petition on the ground of lack of locus for the petitioner. On receipt of Rule Nisi from the court the respondents filed counter affidavit stating that there has never been a proposal for assignment of house sites in survey No.399 etc. This court is not expressing any view on the desirability of granting house sites in survey No.399 etc. of Turkayamzal village to beneficiaries. It is not for the petitioner to interdict the implementation of welfare scheme. The respondents are well-equipped and advised to take proper decision at appropriate time and need.
3. With the above observation, the writ petition is dismissed. No order as to costs.
JUSTICE S.V. BHATT.
12/12/2014
I s L
HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 20856 OF 2009 Circulation No. 232 Date:12/12/2014 Court Master: I s L Computer No.43