Dosapati Srinivas v. State of Andhra Pradesh, rep by its Principal Secretary, Irrigation & Command Area Development Department
2025-12-02
ANIL KUMAR JUKANTI
body2025
DigiLaw.ai
ORDER : ANIL KUMAR JUKANTI, J. Writ Petition No.15154 of 2013 is filed seeking the following prayer: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in locking the Petitioners Quarter Nos.AE/5, A/11, A/16, A/14, A/20 and A/22 respectively situated at Nagarjuna Sagar Canal Camp Colony, Miryalaguda Nalgonda District by mentioning the W.P.No.20756 of 2011 without any order of the Hon’ble High Court by preventing the petitioners from taking out his belongings i.e., entire household vessels, clothes, children’s books, petty cash and ATM Cards, is illegal, arbitrary, contrary to law and violative of Articles 14 And 21 of the constitution of India, null and void and consequently direct the respondents to open the lock and continue the petitioners in their respective Quarter Nos.AE/5, A/11, A/16, A/14, A/20 and A/22 respectively situated at Nagarjuna Sagar Canal Camp Colony, Miryalaguda, Nalgonda District, till the policy decisions is taken by respondents 1 and 2 and pass such other order or orders...” Writ Petition No.19648 of 2014 is filed seeking the following prayer: “…to issue a direction, order or Writ more particularly one in the nature of Writ of Mandamus by declaring action of the respondents No.4 to 6 in trying to dispossess/evict the petitioners from their respective quarters bearing Q.NO.C/16 C/195 C/156, C/105, H/R-6, C/196/2, C/142/1 and AEQC/1 of NSP Camp Colony Miryalaguda Town, Nalgonda District, with the help of Revenue and police persons is nothing but illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to rules and consequently to direct the respondents not to dispossess/evict the petitioners from their respective quarters bearing Q.NO.C/16, C/195, C/156, C/105, H/R-6 C/196/2, C/142/1 and AEQC/1 of NSP Camp Colony, Miryalaguda Town, Nalgonda District, with the help of Revenue and police persons by taking coercive steps and pass such other order or orders...” Writ Petition No.21334 of 2014 is filed seeking the following prayer: “…to issue a direction, order or Writ more particularly one in the nature of Writ of Mandamus by declaring action of the respondents No.4 to 6 in trying to dispossess/evict the petitioner from his quarters bearing Q.NO.C/118 of NSP Camp Colony, Miryalaguda Town, Nalgonda District, with the help of Revenue and police persons is nothing but illegal, arbitrary, abuse of process of law, violation of principles of natural justice and contrary to rules and consequently to direct the respondents not to dispossess/evict the petitioner from his respective quarters bearing Q.NO.C/118, of NSP Camp Colony, Miryalaguda Town, Nalgonda District, with the help of Revenue and police persons by taking coercive steps and pass and pass such other order or orders...” 2.
Heard Mr. S.Surendar Reddy, learned counsel for petitioners, learned Assistant Government Pleader for Irrigation and Command Area Development appearing for respondent Nos.1, 3, 4 and 5, learned Assistant Government Pleader for Revenue appearing for respondent No.2 and Mrs.Balla Savitri, learned counsel for Implead Petitioner i.e., respondent No.6. 3. Issue in all writ petitions is similar in nature. Hence, they are taken up together for disposal. 4. For reference, facts in W.P.No.15154 of 2013 are being considered. 5. Learned counsel for petitioners submitted that houses were constructed for employees, engaged in the construction of Irrigation Project and Canals of Nagarjuna Sagar. After completion of the project, employees were transferred, thereby, houses fell vacant. It is further submitted that petitioners made applications for allotment of quarters which were lying vacant in Nagarjuna Sagar Camp Colony, Miryalguda. Proceedings were issued on various dates (Paragraph No.3 of Writ Affidavit) allotting quarters. It is also submitted that Writ Petition bearing No.20756 of 2011 was filed seeking a direction to recover rents from occupants. 6. It is submitted that quarters, constructed by Irrigation Department in other areas, such as, Nagarjuna Sagar Project Hill Colony, Huzurabad, Khammam and Nagarjuna Sagar Right Canal Area, were allotted to others as huge funds were required for maintenance of quarters. It is further submitted that respondent Nos.3 and 4 i.e., (Chief Engineer and Superintending Engineer, Nagarjuna Sagar Left Bank Canal) issued directions to respondent No.5 i.e., Executive Engineer to get the quarters vacated. It is further submitted that respondent No.5, without any notice, is forcibly vacating, petitioners’ from their quarters. It is also submitted that W.P.Nos.8757 of 2013 and 22882 of 2011 came to be filed seeking a direction not to evict petitioners therein and that interim orders were passed on earlier occasions. It is submitted that respondent authorities without issuance of notice cannot evict petitioners else it would amount to violation of principles of natural justice for not following due process of law. 7. It is submitted that amounts due by petitioners are paid. Learned counsel has passed on a Memo annexed with certain documents, to impress upon the Court that amounts due have been paid.
7. It is submitted that amounts due by petitioners are paid. Learned counsel has passed on a Memo annexed with certain documents, to impress upon the Court that amounts due have been paid. It is further submitted that in view of the payments made by petitioners towards rents, respondents cannot have any grievance and if at all they have any grievance, they have to follow due process of law in evicting petitioners by giving appropriate time and notice. 8. It is pointed out that applications have been made to authorities concerned for assigning quarters. Learned counsel tried to impress basing on the contents of G.O.Ms.No.61 by submitting that Chief Engineer has recommended the disposal of quarters to occupants on nominal rates as the quarters were in deteriorated conditions. Placing reliance on the contents of G.O.Ms.No.1653, the same submissions are buttressed. Lastly, it is pointed out that all petitioners were allotted quarters by various proceedings and they have been paying rents and the quarters constructed for the purpose of employees are surplus, that if they be evicted, they have to follow due process of law. It is also submitted that, applications made are kept pending and have not been disposed of. 9. On the other hand, learned counsel appearing on behalf of implead petitioner submitted that W.P.No.20756 of 2011 came to be filed and petitioners herein were arrayed as party respondents in W.P.No.20756 of 2011, that a Division Bench of this Court directed erstwhile Principal Secretary of State of Andhra Pradesh (Irrigation and Command Area Development) that respondent Nos.9 to 17 in Writ Petition were to be evicted with help of police and Revenue Officials within a period of three (3) months and outstanding due(s) is to be collected within a period of six (6) months. It is pointed out that order of Division Bench was passed on 01.07.2013 and the present Writ Petition came to be filed only to procrastinate the proceedings. It is further submitted that in spite of the order of Division Bench, respondent authorities have not acted and it would amount to non-compliance of orders of Division Bench and is a Contemptuous act. 10. Learned counsel referring to averments in the counter-affidavit filed by respondent No.5 submitted that utility of quarters expired as they were constructed with mud and water. 11.
10. Learned counsel referring to averments in the counter-affidavit filed by respondent No.5 submitted that utility of quarters expired as they were constructed with mud and water. 11. Learned Assistant Government Pleader for Irrigation and Command Area Development appearing on behalf of respondent No.5 submitted that land to an extent of Acs.81.95 guntas was acquired in Miryalguda Town between 1958-1965 for construction of residential quarters to Officers and Staff of Nagarjuna Sagar Project employees and for related offices like Nagarjuna Sagar Project Divisions, Camp Hospitals, Workshops and stores etc. Staff of Nagarjuna Sagar Project the employees were eligible for rent free accommodation. That quarters were allotted earlier to Officers and Subordinates as per Scale and cadres as fixed by Chief Engineer. It is further submitted that there were no major repair works carried out to the quarters since 1971 though they are constructed with mud and water and life of quarters expired, that nearly 50% are dilapidated state. It is also submitted that due to closure of divisions and shifting of offices around 1985, quarters fell vacant and due to paucity of funds major repairs were not taken up. 12. It is submitted that on representation for allotment of these quarters on payment of rent by Government employees/Servants of other department, quarters were allotted in Nagarjuna Sagar Project Colony, Miryalaguda. It is further submitted that representations were made by retired employees, Unions, retired Government Servants and dependants of deceased Government Servants for allotment of quarters in which they were residing on payment of rent. It is also submitted that quarters were allotted to Government Servants their dependants on payment of rent. 13. It is submitted that petitioners were allotted quarters though their tenure as public representatives was over and they were residing even after their tenure was over. That petitioners are neither employees of Irrigation Department nor employees of any other department. It is also submitted that petitioners were evicted from the premises and the said fact was not brought to the notice of Division Bench. Learned counsel passed on a copy of written instructions received from Executive Engineer, Irrigation Division of Miryalguda, dated 14.10.2025 and basing on instructions it is submitted that there is no interference or encroachment by respondents as alleged by petitioners and counsel also forwarded a copy of Rules pertaining to allotment of rent free quarters and Memos, dated 17.06.2004 and 12.07.1999.
Learned counsel passed on a copy of written instructions received from Executive Engineer, Irrigation Division of Miryalguda, dated 14.10.2025 and basing on instructions it is submitted that there is no interference or encroachment by respondents as alleged by petitioners and counsel also forwarded a copy of Rules pertaining to allotment of rent free quarters and Memos, dated 17.06.2004 and 12.07.1999. The contents of G.O.Ms.No.61, dated 03.07.2004 are as follows: “The issue regarding the disposal of B2, C, D type of quarters and E, E1, MD or HC or PC type of quarters situated at Nagarjuna Sagar Dam site to the occupants who are in occupation for more than one year has also come up for consideration consequent to the orders first read above. 2. The Chief Engineer, Nagarjuna Sagar Project, Hill Colony, Nalgonda District has recommended to dispose off the quarters to the occupants on nominal rates as the quarters are in very deteriorated condition. After careful consideration of the matter Government have decided to dispose off the quarters at Nagarjuna Sagar Dam to the occupants and accordingly issue the following orders. i) B2, C, D, type of Quarters and E, E1, MD or HC or PC type of surplus quarters at Nagarjuna Sagar Dam site shall be disposed off to such of those occupants who are in occupation for more than one year prior to the date of sale. ii) The sale of B2, C, D type of quarters and E, E1, MD or HC or PC type of quarters shall be fixed @ Rs.300/- and Rs.200/- respectively. 3. The arrears of rent outstanding as against these quarters till the date of sale to the occupants shall be written off.” 14. The contents of G.O.Ms.No.1653, dated 22.08.2011 are as follows: “In the reference 1 st read above, a Committee was constituted to examine the various issues on Nagarjuna Sagar Project properties to be put to use or their disposal in case they are not put to use. The Committee was re-constituted in the reference 2 nd read above. The said Committee submitted its recommendations on 1) land, 2) power and 3) buildings. Regarding buildings, the Committee finally recommended that surplus quarters of all the six circles of NSP can be disposed off by constituting the Committee.
The Committee was re-constituted in the reference 2 nd read above. The said Committee submitted its recommendations on 1) land, 2) power and 3) buildings. Regarding buildings, the Committee finally recommended that surplus quarters of all the six circles of NSP can be disposed off by constituting the Committee. Accordingly, Government constituted a committee to fix the market value of the quarters outside the security zone of NSP and in all the circles of NSP for disposal. The above committee identified 459 surplus quarters outside the security zone in Ns Dam circle. (EE-4, AE-5, A-72, B-378). 2. In references 3 rd and 4 th read above, the Chairman, Joint Action Committee, NS Dam and the APNGOs Association requested to extend the helping hand in ordering the disposal of Govt., quarters to the occupants in Nagarjunasagar Project area on nominal rate on par with the concession extended earlier in G.O.61, Irrigation and CAD (PW-NSP-1) Department, DT.3.7.2004 and help them to cherish the ambition of acquiring the house (quarters) of their own since they are working there for the past 30 to 35 years without any transfer and settled there only and are due to retire shortly and also keeping in view the policy decision of the Government to provide a house to every Government Employee before retirement as a social security measure. 3. In the reference 5 th read above, the Chief Engineer, Nagarjuna Sagar Project has reported that the said Quarters were constructed 50 years ago on temporary basis. After the construction of the Dam, they were to be dismantled and quarters on permanent basis were supposed to be constructed as per the sanctioned strength of the NS. Dam Employees. No repairs works maintenance etc., to the quarters have been attended to for the last 15 years. The employees residing in the respective quarters spent personal amounts for repairs/maintenance. It is also noticed that some of the quarters which are vacant have collapsed due to non maintenance and are not in living condition and are in dilapidated condition. If the Government takes a decision to dismantle the said old quarters, the dismantling charges will be more than the depreciated cost of the useful material i.e, Doors, Windows. 4.
It is also noticed that some of the quarters which are vacant have collapsed due to non maintenance and are not in living condition and are in dilapidated condition. If the Government takes a decision to dismantle the said old quarters, the dismantling charges will be more than the depreciated cost of the useful material i.e, Doors, Windows. 4. The Chief Engineer (Nagarjunasagar Project) has further reported that the cost of the land is Rs.90,000/- per acre and cost of land of each quarter ranges from Rs.9.000/- to Rs.76,000/- and the proposed rates are of Rs.100/- Rs.200/- and Rs.300/-. Out of 459 surplus quarters out side the security zone in Nagarjunasagar Project, 115 quarters are occupied by Pensioners, 226 quarters are occupied byi other Government Employees and 118 quarters are occupied by private persons. 5. In the reference 6 th read above, the District Collector, Nalgonda reported that the market value of Sy.No.70 has been fixed by the Government previously at Rs.1.00 lakh per acre in G.O.Ms.No.1287, Revenue (Assn.IV) Dept., dot.10.10.2007 for the house sites of TNGOs., of Nidmanoor Taluk. Therefore, the market value of Nandikonda village may be considered as Rs.1.00 lakh per acre. The District Collector, Nalgonda also reported that, the Sy.No.70 of Nandikonda Village is the Government land and the quarters are under the control of Irrigation Department and it is not forest land. 6. The Finance Dept., have agreed to the above proposal with a slight alteration i.e. the balance surplus quarters shall the given to other occupants (i.e. other Government Department Employees only). 7. The matter has been further examined and observed that the present proposal is for disposal of surplus 459 NSP quarters at NS Dam, Nagarjunasagar to the present occupants of Irrigation Department and to other Government Department employees and it may not attract the Court cases WPs/SLPs pending in APHC/Supreme Court in confirming the position by referring it to Law Department 8. In this regard, a meeting was held on 21-4-2011 in the Chambers of Minister for PR & RWS with certain group of Ministers and concerned officials and after detailed discussion, it has been decided that the proposal of the Chief Engineer, Nagarjuna Sagar Project can be agreed to duly including allottees (other than Government Employees) who were allotted quarters as per the existing norms at standard rent of Irrigation Department with regard to NSP quarters. 9.
9. Government after careful examination of the matter, agreed to the proposal of the Irrigation (Maj.VII) Department & Chief Engineer, Nagarjuna Sagar Project. Accordingly, the Government hereby permit the Chief Engineer, Project for disposal of 459 surplus Quarters in Nagarjunasagar Project area (Outside the security zone) to the present occupants of Irrigation Department and the balance surplus quarters shall be given to the other occupants, (i.e., other Govt Department employees) and also to other than the Govt. employees who were allotted as per the existing norms at standard rent of Irrigation, department with regard to NSP Quarters, on payment of cost derived based on the depreciated value of building and the latest land value as per assessment made by the District Collector, Nalgonda, subject to usual terms and conditions as laid down under Rule 6 of Andhra Pradesh (Telangana Area) Alienation of State Land Revenue Rules, 1975 and other usual conditions in force. The Irrigation & CAD (Maj.VII) Department is requested to reserve few quarters for future use, if required, out of these 459 quarters. 10. The Irrigation Department/Chief Engineer, Irrigation Department/The District Collector, Nalgonda shall take further necessary action in the matter and ensure that the payment of the cost of quarters is made by the allottees and to credit the amount to the relevant Head of Account and inform the credit particulars to the Government, immediately.” 15. Heard both counsels, perused the record and considered the submissions. 16. Grievance of petitioners is that petitioners are being forcibly evicted from their quarters in which they have been residing for quite some time allotted to them by way of proceedings. It is evident from the record that quarters were constructed for employees, working in Irrigation Department, for completion of Nagarjuna Sagar Irrigation Project. It is also observed that after completion of project, Officers and the Employees, who were residing in quarters, shifted to other places to carry out further works around 1985. 17. On a perusal of material on record, counter-affidavit, Memos, and other documents placed on record, it is apparent that Government Servants of other Departments were allotted quarters on payment of rent and other charges as fixed by department.
17. On a perusal of material on record, counter-affidavit, Memos, and other documents placed on record, it is apparent that Government Servants of other Departments were allotted quarters on payment of rent and other charges as fixed by department. It is not in dispute that even retired Government Servants and dependants of deceased Government Servants were permitted to reside in quarters, in their occupation on payment of rent and such recourse was adopted pending finalization of issue of allotment of surplus quarters. 18. In the present case, petitioners are all public representatives, who were allotted quarters during their tenure. In counter-affidavit filed, it is stated that petitioners, along with other public representatives, were vacated from quarters on 20.03.2013, this averment appears to be contrary as it is submitted by counsel appearing on behalf of petitioners that petitioners have been paying rents regularly and that no dues are pending (as on date today). It is averred in counter-affidavit filed by Executive Engineer, dated 12.06.2012 that petitioners’ case was not brought to the notice of Division Bench in W.P.No.20756 of 2011. 19. A Division Bench of this Court on 01.07.2013 passed the order in W.P.No.20756 of 2011. Respondents in W.P.No.20756 of 2011 are some of the petitioners in this Writ Petition. The relevant portion of order of Division Bench is as follows: “An affidavit has been filed by the respondent No.1 proposing to take firm action for eviction of the unauthorized occupants. In paragraph-11 of the affidavit, it is stated that respondent Nos. 9 to 17 have been evicted from the quarters on 20.3.2013 with the help of revenue and police officials by duly conducting panchanama. In paragraph-12 of the affidavit it is stated that another thirty number of quarters have been identified, in which some unauthorized persons have been residing and it is proposed that action will be taken to evict those persons at the earliest, with the help of the police and revenue officials. According to said respondent, at least two to three months will be taken to complete the eviction. In that view of the matter, we direct the concerned respondent to take steps for eviction in accordance with law and complete the same within a period of three months from the date of communication of a copy of this order.
According to said respondent, at least two to three months will be taken to complete the eviction. In that view of the matter, we direct the concerned respondent to take steps for eviction in accordance with law and complete the same within a period of three months from the date of communication of a copy of this order. In paragraph-13 of the affidavit filed by respondent No.1, it is stated that there has been outstanding dues of rupees one crore and during the last five months, an amount of Rs.30.00 lakhs has been recovered. We, therefore, direct the respondents to recover the balance amount within a period of six months in accordance with law. The writ petition is accordingly closed with the aforesaid directions.” 20. On a perusal of the order of the Division Bench, it is evident that the Division Bench directed the then Principle Secretary, Irrigation and Command Area Development to evict unauthorized occupants from their quarters within a period of three months and that the outstanding dues were to be recovered within a period of six(6) months in accordance with law. It is the case of implead petitioner that in spite of directions of Division Bench no concrete action has been initiated for eviction of petitioners from their quarters. Hence, the inaction on the part of respondents amounts to a contemptuous act. 21. It is evident from the material on record that the quarters were constructed for a specific purpose, the Officers, who were residing, have shifted to other areas. If the Officers have shifted to other areas the quarters would obviously fall vacant. Though it is averred that the quarters are made of brick and mud, it is quite evident from the record that petitioners are still residing as counsel for petitioners placed on record and submitted across the bar that rents have been paid till 1.11.2025. In other words, petitioners are residing in the said quarters, which have been allotted during their tenure as public representatives or any other person on their behalf. It is also the case of petitioners that they made applications for allotment of quarters vide memo, dated 12.7.1999.
In other words, petitioners are residing in the said quarters, which have been allotted during their tenure as public representatives or any other person on their behalf. It is also the case of petitioners that they made applications for allotment of quarters vide memo, dated 12.7.1999. The contents of memo, dated 12.07.1999 are as follows:- “The Chief Engineer, N.S.Project, Hillcolony, Nalgonda District is informed that the General Secretary of Andhra Pradesh State Government Retired Employees Association, Hyderabad in his representation cited, has represented the Government to allow the retired employees family m embers of the retired who are in occupation of the quarters on payment of rent to continue in their respective quarters, till a final decision is taken by the Government, on the recommendations of the committed on N.S.Project properties to put to use. 2. The Government after careful examination, hereby order to maintain status-quo till finalization of the committee report. 3. The Chief Engineer, N.S.Project, Hillcolony, Nalgonda District is directed to comply with the above orders of the Government.” 22. On a perusal of Rules for allotment of rent free Quarters in NSLC Camps in the Districts of Nalgonda, Khammam and Krishna came into force on 16-07-1977 with various clauses. The clauses speak of eligibility for rent free accommodation, registration for allotment of quarters, categorization of camps, competent authority for allotment, orders of allotment, Non Acceptance of failure to occupy, vacation of quarters, unauthorized occupation and exchange of quarters etc. These Rules are for the employees of Nagarjuna Sagar Left Canal, but not for any other Staff or Officers. A copy of the written instructions have been placed on record by Office of Government Pleader dated 14.10.2025, received from the Executive Engineer, Irrigation Division, Mirryalguda, Nalgonda District. The following are the contents of written instructions:- “It is submitted that no portion of the petitioners Quarters has been allotted by the Irrigation Department or by any of the respondents. The petitioner continuous to remain in peaceful possession and enjoyment in quarters in NSP Camp colony, Miryalaguda without paying rent ever through issue the Notices and there is no Violation of the Petitioners Constitutions right under Articles 14 or 300-A of the constitution of India. The Writ Petition in therefore devoid of merit and Liable to be dismissed.” 23. Further, written instructions, dated 27.10.2025, received from the Office of Executive Engineer are placed on record.
The Writ Petition in therefore devoid of merit and Liable to be dismissed.” 23. Further, written instructions, dated 27.10.2025, received from the Office of Executive Engineer are placed on record. It is observed from the written instructions received that certain residents, who were occupying quarters, have been staying without paying the rents. The following are the written instructions:- “1. Sri Md.Umar, Q.No.C/16:- He has retired 20 years back and also expired. At the time of his retirement of there is no provision to permit the retired employees or their dependents to stay in the quarter which was in his occupation. The petitioner has residing the quarters illegally and an amount of Rs.91,491/- towards house rent and water charges is outstanding against the said quarter. No of notices has been issued to the occupants to reply the dues amount. But there is no response by the petitioner. As such the applicant is no right to reside in the NSP quarter illegally and the quarter will have to be evicted. 2. C.Narsaiah, Attender Q.No.C/195:- He was retired 20 years back and also expired the reply furnished in respect of petition No.1 will holds good in this case also The occupant is not having any right to reside in the NSP quarter illegally and unauthorized occupant an amount of Rs.13,816/- is outstanding. The said quarter will have to be evicted. 3. Sri V.G.Srinivasulu, Work Inspector retired, Q.No.C/165:- He was retired 30 years back and also expired long back, the replies furnished for petition No.2 will holds good in this case also. The petitioner is not having any right to reside in NSP quarter illegally Moreover an amount of Rs.380/- is outstanding towards house rent & water charges against the petitioner. The quarter will have to be evicted. 4. Sri Reddy Maisaiah, Watchman Retired, Q.No.C/105:- He has been permitted to stay in the NSP quarter, which was in occupation after his retirement also on payment of house rent and water charges. After his death the dependents has not seek any permission to stay in the said quarter and residing illegally and an amount of Rs.46,052/- is outstanding towards house rent and water charges. Moreover the 4 th parties is residing in the said quarter illegally. The quarter will have to be evicted. 5.
After his death the dependents has not seek any permission to stay in the said quarter and residing illegally and an amount of Rs.46,052/- is outstanding towards house rent and water charges. Moreover the 4 th parties is residing in the said quarter illegally. The quarter will have to be evicted. 5. Sri J.Kotaiah, Mechanic, Retired from Workshop Q.No.HR/R6:- He was retired 20 years back and expired recently and not vacated the NSP quarters which was in occupation after and residing illegally. The replies furnished in petitioner No.4 will holds good in this case also an amount of rs.98,044/- is outstanding against the occupant towards house rent and water charges. The occupant is not having any right to reside in the NSP Quarter illegally. The quarter will have to be evicted. 6. Sri Chiliveru Biksham S/o Narsaiah (beside constructed of Q.No.C/195:- He is a private person and constructed house adjacent to the quarter No.C/195 in NSP land illegally and residing. The petitioner is not having any right. The quarters constructed illegally and unauthorized occupant on NSP land without prior permission. As such the quarter will have to be evicted and necessary complaint will have to be lodged in Police Station, Miryalaguda for encroaching the Government land and constructing the house and residing illegally. 7. Sri L.Narsaiah, S/o Narayana Expired(beside constructed of Q.No.C/142:- He is private person and constructed house adjacent to the quarter No.C/142 in NSP land illegally and residing. The petitioner is having any right. The quarters constructed illegally and unauthorized occupant on NSP land without prior permission. As such the quarter will have to be evicted and necessary complaint will have to be lodged in Police station, Miryalguda for encroaching the Government land and constructing the house and residing illegally. 8. Sri Late Vaddegani Mattaih, Expired per L.R Bharani Kumar, Q.No.AE, QC-1:- The Q.No.AE/QC-1 has been allotted to Sri B.N.Reddy, M.P.for his tenure. After completion of his tenure the M.P has not vacated and handover the quarter to NSP authorities. Huge amount is outstanding towards house rent and CC charges against the Ex-MP and he also expired. Some private persons Bharani Kumar has occupied the said quarter un- authorizedly and residing illegally.
After completion of his tenure the M.P has not vacated and handover the quarter to NSP authorities. Huge amount is outstanding towards house rent and CC charges against the Ex-MP and he also expired. Some private persons Bharani Kumar has occupied the said quarter un- authorizedly and residing illegally. He has no right to reside in the NSP quarter and the quarter will have to be evicted and necessary complaint will have to be lodged in P.S. Miryalguda to file criminal case against his fore encroaching. The petitioners continues to remain in peaceful possession and enjoyment in Quarters in NSP Camp colony. Miryalaguda without paying rent ever through issue the notices and there has been no interference or encroachment by the respondents. Hence, there is no violation of the petitioners Constitution right under Articles 14 or 300-A of the Constitution of India. The Writ petition in therefore devoid of merit and liable to be dismissed.” 24. This Court, having perused the entire material on record is of the considered opinion that the decision pending before Principal Secretary with regard to the allotment of quarters or any other aspects needs to be looked into. Principal Secretary, Irrigation and Command Area Development shall initiate steps in accordance with law and shall consider the following aspects; 1) To ascertain whether quarters are in livable condition; 2) It is averred in the counter-affidavit that quarters have served their utility, that they are constructed with brick and mud, are in dilapidated condition. This aspect needs to be looked into as the lives of the individuals, who are residing in such quarters, can be at risk as the constructions are of 50 years, this crucial aspect cannot be overlooked. It is averred in the counter-affidavit that due to paucity of funds, no maintenance repair works were carried out in the quarters. 25. Principal Secretary shall call for a report from the District Collector with regard to the status of the quarters and shall consider the report in arriving at a decision that quarters stated to be in a dilapidated condition, can be utilized/used as livable for residential purposes. 26. This Court cannot ignore the directions issued by Division Bench of this Court in W.P.No.20756 of 2011, dated 01.07.2013 extracted supra. It is also observed that no steps were initiated by the authorities concerned in implementing directions issued by Division Bench.
26. This Court cannot ignore the directions issued by Division Bench of this Court in W.P.No.20756 of 2011, dated 01.07.2013 extracted supra. It is also observed that no steps were initiated by the authorities concerned in implementing directions issued by Division Bench. This Court reinforce(s) the view of Division Bench and authorities are bound by Division Bench order. It is the case of petitioners that they are still residing in quarters and have paid rents till date and they cannot be evicted without following due process of law. 27. It is stated that applications are pending consideration for allotment of quarters etc. It is for the office of Principal Secretary to arrive at a decision on the pending applications. Applications are said to be pending before appropriate authorities, office of Principal Secretary shall call for all the applications arrive at a decision basing on the report of Collector and take appropriate steps and pass appropriate orders within a period of six (6) months from date of receipt of a copy of this order. It is made clear that respondent authorities shall permit petitioners to reside in or to occupy quarters until a decision is taken by Principal Secretary with necessary safeguards to be taken if found necessary. Needless to state that petitioners shall pay rent, including all dues, if any, and shall continue paying rent before the 10 th of every month. Non-payment of rent before the 10th of the month would render them liable to be evicted without any further time as they are already aware of the issue. 28. If there are any dues to be paid, it is made clear that they shall be paid within four (4) weeks from the date of receipt of a copy of this order. If they fail to do so, they shall be evicted, as they have been residing without any orders as on date. 29. With the above observations, all Writ Petitions are disposed of. No costs. Miscellaneous petitions, if any are pending, shall stand closed.