LAWS(APH)-2015-7-26

MAHESH KUMAR SHARMA Vs. STATE OF TELANGANA, WELFARE OF DISABLED AND SENIOR CITIZENS DEPARTMENT AND ORS.

Decided On July 30, 2015
MAHESH KUMAR SHARMA Appellant
V/S
State Of Telangana, Welfare Of Disabled And Senior Citizens Department And Ors. Respondents

JUDGEMENT

(1.) THIS writ petition is filed alleging inaction of respondents 3 and 4 in not allotting Shop No. 16, GHMC Shopping complex, Abids, Hyderabad under 3% quota for disabled persons in accordance with letter dated 1.2.2014 of the sixth respondent even though petitioner was selected for allotment of said shop.

(2.) THE respondent corporation issued notification dated 23.11.2011 calling for applications for allotment of one shop to physically handicapped person at Abids Municipal complex in addition to shops reserved in favour of Scheduled Caste and Scheduled Tribe candidates in Budda Bhavan Municipal Complex and Putlibowli Municipal Complex. Petitioner applied in response to the said notification. Thirteen disabled persons responded to the said notification. Municipal corporation forwarded the list of thirteen candidates to the Assistant Director, Welfare of Disabled and Senior Citizens, Hyderabad district -sixth respondent. The District Collector (5th respondent) constituted a selection committee for selection of eligible candidate for such allotment. The committee deliberated on the suitability of applicants and on personal interview, selected the petitioner as suitable for such allotment. After completion of selection process, the sixth respondent forwarded the name of petitioner for allotment of shop as notified. As per the said recommendation, shop No. 16 was prescribed as shop which should be allotted to the petitioner. Having waited for considerable time and in spite of several representations including the representation made to the Hon'ble Chief Minister, petitioner instituted this writ petition.

(3.) HEARD learned counsel for petitioner and learned standing counsel for GHMC.