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High Court of Andhra Pradesh · body

2025 DAILYLAW 56209 (AP)

M.Ramesh, v. Chittoor Municipal Corporation,

WP/14855/2016 · 2025-11-05

Harinath N

body2025

Judgment text

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APHC010143682016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14855/2016 Between: M.Ramesh and Others ...PETITIONER(S) AND Chittoor Municipal Corporation and Others ...RESPONDENT(S) WRIT PETITION NO: 39272/2017 Between: Smt. M.Parvathi and Others ...PETITIONER(S) AND Chittoor Municipal Corporation, Chittoor District Rep By and Others ...RESPONDENT(S) WRIT PETITION NO: 14607/2018 Between: V.s.charless, and Others ...PETITIONER(S) AND Chittoor Municipal Corporation and Others ...RESPONDENT(S) -2- W.P.No.14855 OF 2016 W.P.No.39272 OF 2017 W.P.No.14607 OF 2018 & W.P.No.36974 OF 2018 Date of order: 06.11.2025 WRIT PETITION NO: 36974/2018 Between: T Radha Krishna and Others ...PETITIONER(S) AND Chittoor Municipal Corporation and Others ...RESPONDENT(S) Counsel for the Petitioners: 1. M VIDYASAGAR Counsel for the Respondents: 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In The Court made the following common order: -3- W.P.No.14855 OF 2016 W.P.No.39272 OF 2017 W.P.No.14607 OF 2018 & W.P.No.36974 OF 2018 Date of order: 06.11.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.14855 OF 2016 WRIT PETITION No.39272 OF 2017 WRIT PETITION No.14607 of 2018 AND WRIT PETITION No.36974 OF 2018 COMMON ORDER: 1. The petitioners have filed these writ petitions, aggrieved by the inaction of the first respondent in considering their request for allotment of quarters situated in the respective Municipal Colonies, at Kongareddypalli, ChamantipuramGremspet, Kattamanchi, Kajuru, Chittoor Town and Mandal, Chittoor District. 2. The learned counsel for the petitioners submits that the petitioners are residing in Low Income Group Houses (LIGH) allotted under the Hire Purchase Scheme as per G.O. Ms. No.56, Housing, Municipal Administration & Urban Development Department, dt.28.10.1989. The petitioners are employees of the first respondent Corporation and are working as Public Health Workers. They are presently in possession of the said houses as tenants and in some cases, they have succeeded their fathers or husbands in continuing such possession. The petitioners are paying the monthly lease amount to the first respondent regularly. -4- W.P.No.14855 OF 2016 W.P.No.39272 OF 2017 W.P.No.14607 OF 2018 & W.P.No.36974 OF 2018 Date of order: 06.11.2025 The learned counsel submits that under the G.O. Ms. No.56, dt.28.10.1989, the Government proposed to allot the LIG quarters constructed by the municipal corporation on hire purchase basis. It was further contemplated in the said G.O. that the Government decided to allot 6% of such houses to those persons who were in occupation prior to 1986 as a special case. It is submitted that some of the similarly placed occupants of LIGH in the same locality were allotted the houses on hire purchase basis and that the Government also issued G.O. Ms. No.185, Municipal Administration & Urban Development (J1) Department, dt.27.04.2010, whereby ten different occupants were notified as beneficiaries. 3. The learned Counsel further submits that the petitioners are similarly placed and are equally entitled to the allotment on hire purchase basis. In this regard, they have submitted representations to the respondent authorities requesting consideration of their cases for allotment of the houses which are in their possession on hire purchase basis. However, the petitioners have not been extended the same benefit as was extended to other similarly placed occupants. 4. Sri P.Vengal Reddy, the learned Standing Counsel appearing for the first respondent Municipal Corporation, submits that the Corporation -5- W.P.No.14855 OF 2016 W.P.No.39272 OF 2017 W.P.No.14607 OF 2018 & W.P.No.36974 OF 2018 Date of order: 06.11.2025 shall consider the representations of the petitioners in terms of G.O. Ms. No. 56 and that these writ petitions may be disposed of by directing the respondent Municipal Corporation to consider and dispose of the petitioners’ representations accordingly. 5. Though the writ petitions were filed in the years 2016, 2017 and 2018, no counters have been filed. 6. The learned Counsel for the petitioners has placed additional material on record, including a communication from the Engineer-in-Chief, Public Health Department, addressed to the first respondent, proposing finalization of the sale price for certain LIG quarters in Chittoor Municipal Corporation. The fourth respondent approved the allotments and determined the sale price accordingly. The learned Counsel placed similar proceedings of Amalapuram Municipality. It is submitted that there is no impediment for the respondents authorities to consider the petitioners’ cases, as they are similarly placed. 7. Upon hearing both parties and perusing the record, It is not in dispute that the petitioners are employees of the first respondent Corporation. It appears that the petitioners are similarly situated as the ten other occupants who were allotted LIG quarters on hire purchase basis through G.O. Ms. No.185, dt.27.04.2010 and also on par with four other -6- W.P.No.14855 OF 2016 W.P.No.39272 OF 2017 W.P.No.14607 OF 2018 & W.P.No.36974 OF 2018 Date of order: 06.11.2025 occupants whose allotments and sale prices were determined under proceedings L.R.No.2613/T4/CTR/LIGH/2023-2024. 8. Considering the cases of the petitioners on par with the other allottees, there should be no impediment for the respondents authorities to allot the houses occupied by the petitioners on hire purchase basis by determining the final sale price and communicating the same to them. Needless to mention that the allotment shall be subject to the prevailing allotment norms. At any rate, the respondent authorities are directed to issue the proceedings of allotment to the petitioners within a period of 12 weeks from the date of receipt of this order. The petitioners shall submit all required documents as may be notified by the respondent authorities to facilitate the process. 9. Accordingly, these writ petitions are disposed of. No costs. 10. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed. ___________________ JUSTICE HARINATH.N BV