Telangana High Court
WP/24801/2006 of K.R. Bharathi, Vs The State of A.P. on 29 December 2008
THE CHIEF JUSTICE AND HON’BLE SHRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.24801 OF 2006 Between: K.R. Bharathi and 11 others …Petitioners AND The State of A.P., rep., by District Collector, Rangareddy District and five others ...Respondents : O R D E R : Counsel for
HON’BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICEANDHON’BLE SHRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.24801 OF 2006
Between:
K.R. Bharathi and 11 others
…Petitioners
AND
The State of A.P., rep., byDistrict Collector, Rangareddy Districtand five others
...Respondents
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: O R D E R :
Counsel for the petitioners : Shri KrishnaDevan Counsel for respondent Nos.1 to 3 5 & 6: Government Pleader for Revenue July 20, 2007
Per G.S.SINGHVI, CJ
Letter dated nil sent by Smt. K.R. Bharathi and eleven others withthe complaint that order dated 14-7-2000 passed in Writ Petition No.6371 of 1996 and batch for allotment of houses to them and othersimilarly situated persons who belong to weaker sections was notimplemented, was treated by one of us (the Chief Justice) as taken upWrit Petition No. 24801 of 2006.
On 23-4-2007, the Court after perusing the report of Shri R.Radha Krishna Reddy (Court Commissioner) directed DistrictCollector, Ranga Reddy to forthwith take steps for evicting theunauthorised occupants from the houses meant for weaker sections ofthe society and submit report to this Court within two months.
In compliance of the aforementioned order, District Collector,Ranga Reddy initiated action under Andhra Pradesh Public Premises(Eviction of Unauthorized Occupants) Act, 1968 (for short, ‘the 1968Act’). This exercise resulted in issuance of notices to 2320 personswho are said to have unauthorisedly occupied the houses meant forweaker sections of the society. In paragraphs 2 to 5 of the affidavit filedby him, Shri Praveen Prakash, Collector and District Magistrate,Ranga Reddy has averred as under:
“ 2. I submit that in compliance to the Orders of theHon’ble High Court Dated: 23[rd] April 2007, Special Teamswere constituted involving the staff of Municipal, DistrictManager, Housing and Revenue Officers for conducting doorto door survey, and obtaining the details of the occupants inhouses meant for weaker section society.
3. I submit that the Special Teams haveconducted door to door survey, and obtained the particulars ofthe occupants as listed in Annexure-1.
4. I submit that notices in Form-A under sub-section 1, Section-4 of Andhra Pradesh Public Premises(Eviction of un-authorised Occupants) Act 1968 notices wereissued to all the occupants numbering 2320 on 30.06.2007 toshow cause as to why they should not be evicted from illegalencroachment of houses meant for weaker sections of society in Sy.No.107 of Suraram Village of QutbullapurMandal, Ranga Reddy District. Special counters have beenopened at Tahsildar Office, Qutbullapur to receive replies tothe notices from the occupants from 9.7.2007 to 14.7.2007. Out of 2320, replies from 1960 occupants have been receivedupto 14.7.2007.
5. I further submit that basing on the replies, andevidence submitted by the occupants, appropriate orders willto be passed under sub-section-2, Section 4 of A.P. PublicPremises (Eviction of un-authorised Occupants) Act, 1968,and a report will be submitted to the Hon’ble High Court ofA.P., Hyderabad.”
From the affidavit of the Collector and District Magistrate,Ranga Reddy, it is evident that action has already been taken forevicting the persons who are said to have unauthorisedly occupied thehouses meant for weaker sections of the society. Hence, this taken uppetition is disposed of with the direction to District Collector, RangaReddy to complete the exercise initiated under the 1968 Act withinnext two months and send report to this Court by the end ofSeptember, 2007. The Registry is directed to list the case before theCourt as soon as the report of District Collector, Ranga Reddy isreceived.
Conclusion
While disposing of the writ petition in the manner indicatedabove, we deem it proper to make it clear that the persons to whomnotices have been issued under the 1968 Act will be entitled to availappropriate legal remedy against the adverse order, if any passed bythe competent authority. The members of the weaker sections of thesociety shall also be free to avail appropriate legal remedy, if theconcerned authorities fail to take steps for eviction of unauthorisedoccupants of the houses meant for them.
As a sequel to disposal of the writ petition, WPMP No. 19592 of2007 is disposed of as infructuous.
G.S. SINGHVI, CJ
C.V. NAGARJUNA REDDY, J
July 20, 2007
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