IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.6781 of 2011 BETWEEN Manuguri Janakudu and others.
AND ... PETITIONERS The Government of A.P., Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad and another.
...RESPONDENTS Counsel for the Petitioners: MR. KOWTURU VINAY KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following:
ORDER:
Heard.
2. Petitioners, who are ten in number, are all senior citizens and freedom fighters. They, however, seek assignment of house sites in terms of G.O.Ms.No.185 Revenue (ASN.I) Department dated 11.03.1997. It is stated that the petitioners have made an appropriate application in terms of the aforesaid G.O. and followed it up with the latest representation dated 08.01.2006. However, the same is not being considered by the respondents, hence, the present writ petition is filed against the inaction.
3. The second respondent has filed a counter affidavit stating that appropriate action has already been initiated and that except petitioners 2, 3 and 9, the petitions of other petitioners have already been forwarded to the Revenue Divisional Officer, Warangal for issuance of Non Allotment Certificates by duly verifying the antecedents of the petitioners. It is, thus, stated that the matter is pending with the RDO since 18.03.2010 and non allotment certificates are awaited. It is also stated that in terms of the aforesaid G.O., suitable Government land admeasuring Ac.2.00 guntas has been identified at Munipally village, Hasanparthy Mandal for assignment to freedom fighters and as soon as the non allotment certificates are received, the cases of the petitioners would be considered accordingly. The allegation of inaction is, therefore, denied and it is stated that subject to eligibility of the petitioners and subject to availability of Government land in urban agglomeration, the cases of the petitioners will be considered.
4. It is evident from the averments in the counter affidavit that except petitioners 2, 3 and 9, the request of all other petitioners is already considered and the same is at the stage of verification for the purpose of issuance of non allotment certificates pending with the RDO since 18.03.2010. Since almost four years have elapsed and since the petitioners are at the advance age, it is desirable that appropriate orders in terms of G.O.Ms.No.185 dated 11.03.1997, referred to above, are passed as early as possible.
In view of that, the writ petition is accordingly disposed of directing the second respondent to consider the cases of the petitioners, except petitioners 2, 3 and 9, in terms of the aforesaid G.O., subject to their eligibility and pass appropriate orders expeditiously and in any case, within a period of three (3) months from the date of receipt of a copy of this order. So far as petitioners 2, 3 and 9 are concerned, since their claim is not found tenable, they are at liberty to apply afresh in terms of the aforesaid G.O., which shall be, thereafter, considered by the second respondent.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J June 5, 2014 DSK