PEDDIREDDY VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioners seek a writ of mandamus directing the 1st respondent- Government to forbear from giving effect to para 2(viii) and paras 3 to 5 of G.O.Ms.No.633, General Administration (Ser. Wel.) Department, dated 17-11-1991, and a direction to evolve an alternative scheme of allotting the lands covered by the said G.O. by involving the 1st petitioner-society in the process of identifying and allotting the land to the beneficiaries from amongst the members of the 1st petitioner-society.

(2.) Petitioner No.1 is the Hyderabad City Employees' Co-operative House Building Society Limited, Hyderabad, represented by its President; petitioner No.2 is the A.P. High Court Employees' Association, Hyderabad, represented by its Presidentand petitioner No.3 is the Treasurer of the 1st petitioner-society. Petitioner No.l claims to be the Housing Society catering to the housing needs of the State Government employees within the twin cities of Hyderabad and Secunderabad and also claims that in reality this is nothing but a wing of the State Non-Gazetted Officers' Association of the Twin Cities Branch. It is stated that as per bye-laws of the 1st petitioner-society, the employees of the State Government working in the twin cities of Hyderabad and Secunderabad, other Government employees working in Corporations and quasi-Govemment organisations, teachers, High Court employees, etc., are eligible for membership in the 1st petitioner-society. It is claimed that the 1st petitioner-society has a membership of about 23,000 on its roll and is involving in house building activity for the benefit of its members, who are no other than the Government employees working in the twin cities. It has come into existence wayback in 1976 and got registered as a co-operative house building society on 22-1-1976. It is further stated that the 1st petitioner-society earlier was allotted 97 acres of land by the Government at Vanasthalipuram, Hyderabad and it successfully distributed the said land to 1,635 members, who built houses in the colony known as "N.G.Os. Colony, Vanasthalipuram". It is further stated that the 1st petitioner-society made representations to the Government seeking to allot to its members 1,000 acres of land. It is contended that pursuant to its efforts, the Government allotted 427 acres of Government land in S.Nos.36 and 37 of Gopannapalli village of Ranga Reddy district vide G.O.Ms.Nos.589 and 590 dated 10-7-1991. By the said G.Os., the Government also contemplated constitution of a committee with representatives of the Government employees for working out the modalities to finalise housing schemes. The committee consists of five official members viz., Secretary (Housing); Secretary (Finance Department) I.F.; Vice-Chairman & Managing Director, Housing Board; Vice- Chairman & Managing Director, Hyderabad Urban Development Authority and the Collector, Ranga Reddy district; and two representatives of employees.

(3.) While so, it is stated by the petitioners, the Government, under pressure from respondents 2 and 3, brought out G .O.Ms.No.633 dated 17-11-92, whereby the Government abdicated its powers to the committee, which act is a sinister design, hatched by respondent No.2, who abused his office and misled the Government to commit illegality in issuing the said G.O., which, according to the petitioners, cannot sustain in law and is vitiated by partiality, arbitrariness and discrimination.