(1.) Department, dtd. 2/12/2019 are illegal, arbitrary and violative of Articles 14 and 15 of the Constitution of India, directing the respondents 1 to 4 to assign/allot the plots under Constitutional transparent policy; consequently direct them not to proceed further in pursuance of G.O.Ms. No. 367 Revenue (Assignment-I) Department, dtd. 19/8/2019 and G.O.Ms. No. 488 Revenue (Assignment-I) Department, dtd. 2/12/2019.
(2.) The petitioner Nos. 1 to 3 and other petitioners are residents of Tenali claiming that they are houseless poor, eking out their livelihood as daily labourer, living below poverty line. Petitioners have no property to take shelter or any other source of livelihood. Petitioners submitted a representation dtd. 25/10/2016 requesting respondent Nos. 3 and 4 to allot house site, but no site was allotted to them. Consequently, they were constrained to file W.P. No. 45475 and 46463 of 2016 before the High Court of Andhra Pradesh at Hyderabad, to issue a writ of Mandamus directing respondents to assign house site plots. The High Court of Andhra Pradesh at Hyderabad vide order dtd. 26/12/2016 disposed of the writ petition No. 45475 of 2016 directing to consider their request for assignment of plots in Tenali Municipality area in accordance with law, if they are otherwise eligible and entitled for the said benefit. The High Court of Andhra Pradesh at Hyderabad, vide order dtd. 2/1/2017 disposed of W.P. No. 46463 of 2016 with the same direction.
(3.) Respondent Nos. 3 and 4 received copy of the order, but failed to comply with the directions. Thereupon, the petitioners filed C.C. Nos. 1353 and 1354 of 2017 before the High Court of Andhra Pradesh at Hyderabad. Respondent No. 4 filed counter alleging that the department made an enquiry to find out suitable land for acquisition and to allot the same, since suitable land was not found, it takes time to distribute the land. Both the CCs are pending before this Court now.
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