APHC010464422013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12348 OF 2013 Between: 1. Sri Goru Suresh Kumar, S/o Babu Rao, Aged about 30 years. Coolie, Jampet, Uppu Veedhi, Rajahmundry, E.G.District. 2. Smt.Yalla Syamala W/o Appa Rao, Aged about 40 years. Housewife, H.No.52-9-2 Rajendranagar, Rajahmundry, E.G.District. 3. Smt.Vatti Apoorva W/o Trinadha Rao, Aged about 47 years. Tailoring Cooli, Matham Veedhi, Jampet, Rajahmundry, E.G.District 4. Smt.Taki Varalakshmi W/o Satyanarayana, Aged about 43 years. Housewife, Nandam Ganiraj Centre, Golla Veedhi Rajahmundry, E.G.District. ...Petitioners AND 1. The A.P State Housing Corporation Limited, Rep. by its Managing Director Hyderabad 2. The District Collector, East Godavari District at Kakinada. 3. The Revenue Divisional Officer, Rajahmundry, E.G.District. 4. The Tahsildar, Rajahmundry, E.G.District. 5. The Executive Engineer, A.P. State Housing Corporation Ltd., (A.P.SH.C.L) Sub Collector's Compound Rajahmundry, E.G.District. 6. Smt Boni Sivanagamani W/o Satyanarayana, Housewife R/o. Flat No.2, G.round Floor, 2nd Block Phase-1, Wambay Colony, Jampet, > ? ^.^Rajahmundry, E.G.District 1: |mt Goru Parvathi W/o Appa Rao, Housewife R/o. Flat No.6, Ground " Floor, 2nd Block Phase-1, Vambhay Colony, Jampet, Rajahmundry, E.G.District 8. Smt Vemana Parvathi W/o Veerabhadra Rao, Housewife R/o Flat No.5, Ground Floor, 2nd Block Phase-1, Vambhay Colony, Jampet, Rajahmundry, E.G.District 9. Sri Dasi Venkateswara Rao S/o Jagannadhara Rao, Business R/o. Flat No.2, 1st Floor, 1st Block Phase-1, D.No.46-4-10/27, Vambhay Colony, Jampet, Rajahmundry, E.G.District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 5th respondentin not allotting the house flats in Vambhay Housing Scheme, Phase-! Colony, Jampet, Rajahmundry, E.G.Dist to the petitioners who are eligible as per the report of the 4th respondent vide Ref.B347/2010 dt.06-10-2010 wherein it was also stated that the unofficial respondents 6 to 9 are ineligible and the action of the 5th respondent is illegal, arbitrary, violative of Articles 14, 21, and 300A of the Constitution and consequently direct the 5th respondent to allot the House flats to the petitioner in the terms of the report of the 4th respondent. lA NO: 1 OF 2013fWPMP 15252 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5th respondent to consider the case of the petitioners to allotting the house flats in Vambhay Housing Scheme, Phase-1 Colony, Jampet, Rajahmundry, E.G.Dist. to the petitioners in the terms of the report of the 4th respondent vide Ref.B347/2010 dt.06-10-2010 pending disposal of the Writ Petition. Counsel for the Petitioners: SRI MEHERCHAND NORI Counsel for the Respondent No. 1: KALYAN CHAKRAVARTHY R Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE The Court made the following order: APHC010464422013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12348/2013 Between: 1.SRI GORU SURESH KUMAR, E.G.DIST & 3 OTHERS, COOLIE, JAMPET, UPPU VEEDHI, RAJAHMUNDRY, E.G.DISTRICT. 2.SMT.YALLA SYAMALA W/0 APPA RAO, HOUSEWIFE, H.NO.52-9-2 RAJENDRANAGAR, RAJAHMUNDRY, E G.DISTRICT, 3.SMT.VATTI APOORVA W/0 TRINADHA RAO, TAILORING COOLI, MATHAM VEEDHI, JAMPET, RAJAHMUNDRY, E.G.DISTRICT 4.SMT.TAKI VARALAKSHMI W/0 SATYANARAYANA, HOUSEWIFE, NANDAM GANIRAJ CENTRE, GOLLA VEEDHI RAJAHMUNDRY, E.G.DISTRICT. ...PETITIONER(S) AND 8 OTHERS, REP. BY ITS MANAGING 1.MD APSHC LTD HYD DIRECTOR HYDERABAD 2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. RAJAHMUNDRY, 3.THE REVENUE DIVISIONAL OFFICER, E.G.DISTRICT. 4.THETAHSILDAR, RAJAHMUNDRY, E.G.DISTRICT. y’ 2 5.THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD., (A.P.SH.C.L) SUB COLLECTOR'S COMPOUND RAJAHMUNDRY, E.G.DISTRICT. 6.SMT BONI SIVANAGAMANI W/0 SATYANARAYANA, HOUSEWIFE R/0. FLAT N0.2, GROUND FLOOR, 2ND BLOCK PHASE-1, WAMBAY COLONY, JAMPET, RAJAHMUNDRY, E.G.DISTRICT 7.SMT GORU PARVATHI W/0 APPA RAO, HOUSEWIFE R/0. FLAT N0.6, GROUND FLOOR, 2ND BLOCK PHASE-1, VAMBHAY COLONY, JAMPET, RAJAHMUNDRY, E.G.DISTRICT 8.SMT VEMANA PARVATHI W/0 VEERABHADRA RAO, HOUSEWIFE R/0 FLAT NO.5, GROUND FLOOR, 2ND BLOCK PHASE-1, VAMBHAY COLONY, JAMPET, RAJAHMUNDRY, E.G.DISTRICT 9. SRI DASI VENKATESWARA RAO S/0 JAGANNADHARA RAO, BUSINESS R/0. FLAT N0.2, 1ST FLOOR, 1ST BLOCK PHASE-1, D.NO.46-4-10/27, VAMBHAY COLONY, JAMPET, RAJAHMUNDRY, E.G.DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 5th respondent in not allotting the house flats in Vambhay Housing Scheme, Phase-1 Colony, Jampet, Rajahmundry, E.G.Dist to the petitioners who are eligible as per the report of the 4th respondent vide Ref.B347/2010 dt.06-10-2010 wherein it was also stated that the unofficial respondents 6 to 9 are ineligible and the action of the 5th respondent is illegal, arbitrary, violative of Articles 14, 21, and 300A of the Constitution and consequently direct the 5th respondent to allot the House flats to the petitioner in the terms of the report of the 4th respondent and pass lA NO: 1 OF 2013(WPMP 15252 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated ' in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5th respondent to consider the case of the petitioners to allotting the ^ouse flats in Vambhay Housing Scheme, Phase-1 Colony, Jampet, 3 0^ Rajahmundry, E.G.Dist. to the petitioners in the terms of the report of the 4th respondent vide Ref.B347/2010 dt.06-10-2010 pending disposal of the Writ Petition and pass lA NO: 4 OF 2013(WPMP 69214 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner(S): 1.MEHERCHAND NORI Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R The Court made the following ORDER: Heard Sri B.Sanjay Gandhi, learned counsel representing Sri Meher Chand Nori, learned counsel for the petitioners and Sri Somaraju, learned counsel representing Sri Kalyan Chakravarthi, learned standing counsel for respondents 1 & 5. The above writ petition is filed to declare the action of 5^^ respondent in not allotting the house flats in Vambhay Housing scheme, Phase-1 Colony, Jampet, Rajahmundry, East Godavari District issued o the petitioners despite the report of the 4*^ respondent vide Ref.B347/2010 dated 06.10.2010, as illegal and arbitrary. 2. 3. Learned counsel for the petitioner would submit that the petitioners are eligible for allotment of house flats in the Vambhay housing Scheme at Jampeta, Rajahmundry Town and Urban mandal. The Tahsildar & Executive Magistrate, Rajahmundry Urban, addressed a letter to the 5*'^ respondent- Executive Engineer, Housing (Projects), APSHCL, Rajahmundry, vide Ref;B/347/2010 dated 06.10.2010 (Ex.P.1), pointing out ineligible persons. The Tahsildar also communicated to the 5**^ respondent that the petitioners are eligible beneficiaries for providing house flats at Jampet, Rajahmundry 4 (Ex.P.3). The petitioners made representations; however, the 5*^ respondent is not allotting the house plots. A counter-affidavit was filed on behalf of the respondents 1 and 5. It was contended, inter alia, that respondents 6 to 9 are ineligible for the scheme. 4. Notices issued vide NO.122/2006/ADM/EG/IHSDP-1, dated 08.10.2010 and no.122/2006/ADM/EG/IHSDP-1, dated 01.03.2011, to vacate the premises. The respondents 6 to 9 filed suits O.S.Nos.262, 265, 264 and 263 of 2011 on the file of I Additional Junior Civil Judge, Rajahmundry. The civil court ordered the status quo. The respondents are contesting the suit by filing a written statement stating that the respondents 6 to 9 are eligible persons for the house flats. proceedings memo were Thus, as seen from the averments in the counter-affidavit, the respondents 1 and 5 have initiated necessary proceedings to vacate the respondents 6 to 9 by issuing notice referred to supra. However, it was pleaded about the filing of suits by respondents 6 to 9 and the order of status quo granted by the civil court. 5. 6. Today, when the matter is taken up for consideration, it was brought to the notice of this Court that the suits filed by the respondents 6 to 9 were decreed on 17.05.2024, directing the defendants therein to follow due process. 7. Learned standing counsel would submit that since the civil suits were disposed of, the respondents 1 and 5 will take necessary action per the Rules. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents 1 and 5 to take necessary steps regarding allotment of house flats to the petitioners keeping in view Ex.P.1 to proceedings 8. P.3 and the cancellation proceedings vide 5 C.NO.122/2006/ADM/EG/IHSDP-1, dated 27.01.2011, as expeditiously as possible. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY/, SECTIcii^FFICER To, Housing Corporation Limited, Director, AP State 1. The Managing Vijayawada 2. The District Collector, East Godavari District at Kakinada. e Divisional Officer, Rajahmundry, E.G.District 3. The Revenu 4. The Tahsildar, Rajahmundry, E.G.District Housing Corporation Ltd,, 5. The Executive Engineer, A.P. State (A.P.SH.C.L) Sub Collector's Compound Rajahmundry, E.G.District. 6. One CC to Sri. Meherchand Nori Advocate [OPUC] Kalyan Chakravarthy R Advocate [OPUC] 7. One CC to Sri. 8. Three CD Copies GSC HIGH COURT DATED;03/07/2025 ORDER WP NO. 12348 OF 2013 DISPOSING THE WP WITHOUT COSTS