HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 907 of 2014 Date: 03.06.2014 Between:
E. Nagaraju … Appellant And Govt., of A.P., rep., by its Principal Secretary, Irrigation and Command Area Development (PW-Major-IX) Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 907 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal has been preferred against the judgment and order dated 24.04.2014, whereby and whereunder the learned Trial Judge dismissed the writ petition.
The writ petition was filed questioning the order of cancellation of appellant’s quarter though it was for sometime in his favour.
Learned counsel for the appellant submits that in terms of G.O.Ms.No.21, dated 05.02.2009, allotment of quarter can be regularized and his client is entitled for the same.
Reference to the aforesaid argument of the learned counsel, we set out the relevant portion of G.O.Ms.No.21, which reads as follows:
“3. Based on the Committee’s report and keeping in view of the representations of various Service Associations, the Government, in principle, hereby issue orders as follows:
1. All the occupants of the Irrigation Department Quarters, who are Below Poverty Line should be allotted the quarter/land under their occupation, free of cost, restricting to a maximum of 50 Sq. Mts., per family, as is the policy of the Government, for allotting houses to the people living below the poverty line;
2. The occupants/encroachers other than Below Poverty Line and other than retired employees, by summarily evicted; and
3. The retired Government employees, occupying the Quarter/land may be regularized on payment of cost at a market value fixed by the District Collector.”
It is an admitted position that the appellant is not a retired Government employee or below the poverty line. Hence, he is not entitled to any allotment in terms of the aforesaid Government order.
We therefore do not find any merit in the appeal and the same is dismissed upholding the findings of the learned Trial Judge. No order as to costs.
Miscellaneous petitions, if any, pending in this writ appeal shall stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 03.06.2014 ES