State of Andhra Pradesh v. Podili Siva Murali, S/o. Raghavendra Rao
2021-11-30
AHSANUDDIN AMANULLAH, B.KRISHNA MOHAN
body2021
DigiLaw.ai
JUDGMENT : AHSANUDDIN AMANULLAH, J. . Heard Mr. S. Sriram, learned Advocate General with Mr. P. Sudhakar Reddy, learned Additional Advocate General for the appellants; Mr. V. S. R. Anjaneyulu, learned Senior Counsel along with Mr. B.S.S. Kumar, learned counsel for the private respondents no.1 to 129; Mr. M. Manohar Reddy, learned Standing Counsel for the respondent no.130; Mr. Harinath N., learned Assistant Solicitor General for the respondent no.132 and Mr. E. V. Jagannadha Rao, learned counsel for the respondent no.133. 2. The present appeal is directed against the Judgment and Order passed by the learned Single Judge in Writ Petition No.25275 of 2020 dated 08.10.2021, whereby the writ petition came to be allowed in the following terms: “(a) Guideline No.3 of G.O.Ms.No.367 dated 19.08.2019, clause (x) (xi) and (xii) of G.O.Ms.No.488 dated 02.12.2019 and clause (b) and clause (d) of G.O.Ms.No.99 dated 31.03.2020 as illegal, arbitrary and they are hereby quashed, consequently, respondents are directed to cancel the deed of conveyance registered in favour of allottees following the procedure laid down in law while directing to issue D-Form patta in favour of allottees, strictly in terms of clause 3 of G.O.Ms.No.367 dated 19.08.2019 after considering the recommendations of expert committee vide clause (c). (b) Guideline No.2 of G.O.Ms.No.367 dated 19.08.2019 as illegal, arbitrary and violative of Articles 14, 15 (1) of the Constitution of India and defeating the object of scheme and Article 39 of the Constitution of India besides violative of Articles 7 and 17 of the Universal Declaration of Human Rights and Article 26 of International Covenant on Civil and Political Rights, and they are hereby quashed, consequently, the State is directed to allot house site to men and transsexual also on par with women, subject to their eligibility. (c) Further, the State is directed to appoint a special committee consisting of expert from Central Pollution Control Board; expert from Ministry of Housing and Urban Affairs; Health expert from Ministry of Health and Family Welfare to examine the issues discussed in the earlier paragraphs, within one (1) month from the date of receipt of copy of this Order to submit a report within one (1) month thereafter and publish the report in two local newspapers inviting objections from the public and finalise the scheme “Navaratnalu – Pedalandariki Illu” for construction of houses in the house sites keeping in view the impact on environment, health hazards etc.
and increase/enhance the area, if necessary by acquiring more site, allotted to the beneficiaries modifying the layouts keeping in view the report to be submitted by the Special Committee. Till completion of such exercise, constructions shall not be proceeded in the land allotted to beneficiaries under the scheme “Navaratnalu – Pedalandariki Illu. No costs.” 3. Pursuant to the appeal, an additional affidavit has been filed on behalf of the appellants. Written arguments have also been filed on behalf of the respondent no.1. 4. The writ petition was filed by the private respondents seeking house site pattas under the scheme called Navaratnalu - Pedalandariki Illu’ (hereinafter referred to as the ‘Scheme’). 5. This appeal was heard in extenso on 24.11.2021 and 25.11.2021. 6. On 25.11.2021, after addressing arguments, time was sought for by learned Senior Counsel for the private respondents to seek instructions, in view of the appellants? stand, as brought forth in the additional affidavit. 7. Today, at the very outset, learned Senior Counsel for the private respondents drew our attention to Paragraph-6 of the additional affidavit which states that “in the event of any of the petitioners submitting a representation to the Government, seeking reconsideration of their applications or their cases for allotment of house sites, the same shall be considered by the Government in accordance with the policy as indicated in the pleadings.” Learned Senior Counsel submitted that the writ petitioners, who have still not been granted house site pattas under the Scheme, would submit their fresh representations to the Government seeking reconsideration of their applications, which may be considered within a fixed time-period. 8. In view thereof, learned Senior Counsel for the private respondents submitted that they be permitted to withdraw the writ petition itself, so as to put a quietus to the controversy. 9. Learned Advocate General submitted that if the private respondents, who have still not been granted house site pattas make fresh representations within three weeks from today, the same shall be considered in a transparent and objective manner and decision thereon shall be taken within three months from the date of filing such fresh representations before the appellant no.3 viz. District Collector, Guntur District in accordance with law and within the parameters of the aforesaid Scheme. 10.
District Collector, Guntur District in accordance with law and within the parameters of the aforesaid Scheme. 10. Having regard to the aforesaid, in the considered opinion of the Court, in praesenti, the requirement to examine the rival contentions is obviated since the writ petitioners themselves wish to withdraw the writ petition with liberty to file fresh representations for those amongst the writ petitioners, who have not been allotted house site pattas. 11. The parties are ad idem on the order to be passed. Accordingly, taking note of the additional affidavit, the submissions made by the learned Advocate General and the learned Senior Counsel for the writ petitioners/private respondents, as recorded hereinabove, we direct as follows, with the parties’ consent: 11.1. This Writ Appeal is allowed and the impugned Judgment and Order dated 08.10.2021 passed by the learned Single Judge is set aside. 11.2. The Writ Petition No. 25275 of 2020 stands dismissed as withdrawn. 11.3. The writ petitioners, who have not yet been given house site pattas under the Scheme, shall make a fresh representation/application within 3 weeks to the respondent no.3, namely the District Collector, District Guntur. The same shall be decided having due regard to the Scheme expeditiously and no later than within 3 months from the date of such filing. 12. Needless to state, as this order is passed with the consent of the parties, we express no opinion whatsoever on merits. 13. Pending applications, if any, shall stand consigned to records.