Telangana High Court

WP/30633/2011 of Gulammili Kanaka Vs The Greater Visakhapatnam Municipal Corporation, on 29 December 2011

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SRI JUSTICE K.C.BHANU WRIT PETITION No. 30633 OF 2011 ORDER : This Writ Petition is filed seeking to issue a writ of mandamus directing the action of the respondents 1 and 3 in not allotting houses which were constructed by them under Jawaharlal Nehru National Urban Renewal Mission (for

THE HON’BLE SRI JUSTICE K.C.BHANUWRIT PETITION No. 30633 OF 2011

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ORDER :

This Writ Petition is filed seeking to issue a writ ofmandamus directing the action of the respondents 1 and3 in not allotting houses which were constructed by themunder Jawaharlal Nehru National Urban Renewal Mission(for short, hereinafter referred to as ‘JNNURM’) scheme inAsapuvanipalem, Visakhapatnam to the petitioners, asillegal and arbitrary and consequently direct therespondents 1 to 3 to reserve one house each to thepetitioners and not to allot houses to any third parties.

2. The facts, in brief, stated in the affidavit filed insupport of the Writ Petition may be stated as follows.

The petitioners are landless poor persons having nohouses and living by doing cooli and petty works. Tillyear 2007, they lived in thatched sheds raised in surveyno.188 of Asapuvanipalem, Visakhapatnam. On thepromise of the officials to allot pacca houses to beconstructed in the said place under JNNURM to them,they vacated the thatched houses and handed over theland to the Government. The third respondentconstructed 96 houses under JNNURM scheme but didnot to allot houses to the petitioners. The petitioners alsomade a representation on 8.8.2011 to the respondents 1and 2 to conduct enquiry for allotment of houses andrequested to allot houses to them. But, without allottingthe houses to them, the respondents are trying to allothouses to third parties. Hence, the Writ Petition.

3. Heard both sides.

4. The grievance of the petitioners is that the authorities are not allotting houses constructed underJNNURM scheme to them. In this regard, the petitionersmade a representation dated 8.8.2011 to the respondents1 and 2. The allotment of houses is governed byJNNURM scheme. Therefore, appropriate decision has tobe taken by the respondent no.1 in accordance with law,particularly with reference to the scheme floated.

5. The Writ Petition is, accordingly, disposed ofdirecting the respondent no.1 to take appropriate decisionon the representation dated 8.8.2011 of the petitioners inaccordance with law, particularly with reference to theJNNURM scheme. No costs.

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29.12.2011

(K.C.Bhanu, J.)DRK

THE HON’BLE SRI JUSTICE K.C.BHANU

WRIT PETITION No. 30633 OF 2011

29.12.2011

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