HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14898 of 2007 DATE: 06.06.2014 Between:
Smt. S.Satyanarayanamma & others ... Petitioners And The Government of Andhra Pradesh, rep. by its Secretary, Municipal Administration, Hyderabad & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14898 of 2007 ORDER:
Heard the learned counsel for the petitioners and the learned standing counsel for the 3rd respondent.
2. The petitioners claim to be the original allottees of their respective LIGH bearing Quarter Nos.1,2,3,5,6,7 and 9 situated at Alapati Municipal Colony, Amalapuram by the 3rd respondent on rental basis through hire purchase scheme as per G.O.Ms.No.2018 dated 03.09.1958 read with G.O.Ms.No.56 dated 28.10.1989 and they have been living in their respective quarters from the date of allotment by regularly paying the rents, electricity charges, water cess etc. The Government issued G.O.Ms.No.56 dated 28.10.1989 stating that if the occupants satisfy all the requirements stated in the said government orders, then they will be entitled for the allotment of the quarters on the terms and conditions mentioned in the said Government Orders. The 3rd respondent, instead of registering the quarters in favour of the petitioners, he directed the petitioners to vacate the quarters.
3. The 3rd respondent filed counter-affidavit denying the averments that they are taking steps for eviction of the petitioners. The petitioners were allotted quarters on rental basis only and it was not on permanent basis. The petitioners were never regular in payment of rents. The Amalapuram Municipality constructed 10 LIGH quarters in accordance with C.R.No.161 dated 19.08.1958 and an amount of Rs.1,22,270/- was sanctioned by the Government as loan amount to the Amalapuram Municipality under G.O.Ms.No.116, I.A. dated 16.01.1959 and G.O.Ms.No.586 I.A. dated 11.03.1959 at 4¼% interest per annum with a condition that the loan should be repaid in 20 annual installments inclusive of interest. Penal interest at 7½% per annum would be charged on over all due installments. The counter further states that none of the employees fulfilled the conditions of G.O.Ms.No.56 dated 20.10.1989 and mere payment of rents and electricity bills is not the criteria for allotment. As per G.O.Ms.No.56 dated 20.10.1989 and Rules published in the Gazette Extraordinary No.1320 dated 16.06.1956, the petitioners should pay initially 20% sale price amount by executing the agreements in Form-III and none of the petitioners have fulfilled those conditions. The subject property fetches more and more value and the petitioners are trying to get the property for meagre amount. Finally it was stated that if the petitioners have satisfies all the requirements in the said Government Orders, then they will be entitled for allotment of the quarters. The petitioners never satisfied or fulfilled any conditions of the said Government Orders.
4. The petitioners filed a reply affidavit stating that the 3rd respondent sent a letter in Roc No.6895/80A dated 10.05.2001 to the 2nd respondent requesting him to give necessary orders to allot these houses to the petitioners and 5 others, since H.No.10 was already allotted to one M.Nageswara Rao, pursuant to the orders in WP No.14755 of 1990 dated 03.04.1997. Since the 2nd respondent has not issued any orders, no orders were passed by the 3rd respondent in favour of the petitioners. The 3rd respondent also passed Resolution No.35 dated 27.04.2001 requesting the authorities concerned, more particularly, the 2nd respondent to give necessary orders for allotment of these quarters to the remaining members, but so far no action was taken. The petitioners have been living in the houses for more than 4½ decades and they are under legitimate expectation that these quarters would be given to them. The allegation that none of the petitioners fulfilled the conditions in the rules and orders is false as no allotment orders were issued in favour of the petitioners and hence, the fulfilment of the conditions does not arise. The petitioners further states that respondents 2 and 3 are estopped from taking different stands in respect of different persons who have similarly situated.
5. It is clear from the averments made in the petition as well as in the counter-affidavit that the petitioners have been residing in the quarters for more than four decades and they have been paying rents, electricity charges and water bills regularly and there is no complaint whatsoever. However, their occupation of the quarters was not regularised for one reason or other.
6. In the circumstances, the respondents are directed to intimate the petitioners with regard to the conditions to be fulfilled by them for regularisation of their occupation if they are entitled as per the rules and orders and the petitioners shall comply with the conditions within the time specified by the 3rd respondent and the 3rd respondent shall thereupon take necessary action for execution of the regular sale deeds or issuing orders in favour of the petitioners.
7. Subject to the above direction, the writ petition is disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 06.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 8 WRIT PETITION No.14898 of 2007 Date: 06.06.2014 BSS