Research › Search › Judgment

Andhra High Court · body

2014 DIGILAW 55 (AP)

Sanjeevani Prakruthi Arogya Seva Samstha v. State of Andhra Pradesh, represented By its Secretary, Revenue Department, Secretariat, Andhra Pradesh

2014-01-21

C.V.NAGARJUNA REDDY

body2014
Judgment : This writ petition is filed for a mandamus to set aside letter No.E1/1503/2012, dated 08.10.2013, of respondent No.2, whereby he has rejected the petitioners’ request for allotment of Acs.1.10 guntas of Government land for construction of Nature Cure Hospital. Though the case was adjourned on two occasions for filing counter affidavit, no counter affidavit has been filed by the respondents. Respondent No.1 has issued G.O.Ms.No.571, Revenue (Assignment.I) Department, dated 14.09.2012, laying town Assignment Policy relating to Government lands and framing uniform guidelines in that regard. Paragraph No.6 of the G.O., reads as under: “6. The Government have examined the matter in the light of the existing orders/instructions on allotment of Government land to various Institutions/Organisations and after careful consideration of the recommendations of the concerned Departments/Representatives of Political Parties hereby approve the “Government Land Allotment Policy” annexed to this Order duly prescribing the Uniform guidelines with regard to the extent of land to be allotted for various purposes to different Government departments and private organisations.” The G.O. contains several Annexures department-wise. Annexure IX pertains to Health, Medical and Family Welfare (M1) Department. This Annexure prescribed the extents of land requirement, depending upon the purpose for which the assignment of land is sought. Sl.No.‘c’ reads “A primary health centre together with co-located facility either Allopathy or Ayush”. The requirement of land is mentioned as Ac.1.00. In the impugned order, respondent No.2 has reasoned that allotment of Government land to a Non- Government Organisation (NGO) is not contemplated as per the Land Allotment Policy envisaged in G.O.Ms.No.571, dated 14.09.2012. In my opinion, this reasoning is patently contrary to the said G.O. As can be seen from Paragraph No.6 of the G.O., as re-produced hereinbefore, the allotment of land is envisaged in favour of the institutions/organisations. NGO, thus, falls under the phrase ‘Organisations’. Annexure IX, as noted above, pertains to the Health, Medical and Family Welfare Department and one of the purposes for which the land can be allotted relates to establishment of Primary Health Centre in Allopathy or Ayush or with both. The pleadings of the petitioners reveal that the petitioners want to establish the Nature Cure Hospital, which undoubtedly falls under Sl.No.‘c’ of Annexure IX of the G.O. In the light of the above discussed facts, the impugned rejection order cannot be sustained and the same is accordingly set aside. The pleadings of the petitioners reveal that the petitioners want to establish the Nature Cure Hospital, which undoubtedly falls under Sl.No.‘c’ of Annexure IX of the G.O. In the light of the above discussed facts, the impugned rejection order cannot be sustained and the same is accordingly set aside. Respondent No.2 is directed to re-consider the application of the petitioners in the light of the reasons contained in this order and the contents of G.O.Ms.No.571, dated 14.09.2012, read with Annexure IX thereof and communicate the decision to the petitioners within a period of one month from the date of receipt of this order. The writ petition is accordingly allowed. As a sequel, W.P.M.P.No.39465 of 2013 is disposed of as infructuous.