S BALAKISTAIAH Vs. DISTRICT COLLECTOR MAHABUBNAGER

JUDGEMENT

(1.) Petitioners in this Writ Petition under Article 226 of the Constitution of India seek issuance of Writ of Mandamus, quashing the cancellation order dated 03-05-1989 passed by the third respondent.

(2.) I cannot help repeating what Sri Justice M.P. Thakkar of the Apex Court (as then he was) has observed in the case of Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat that:

(3.) The petitioner No. 17 is a member of the Minority Community, while the remainging petitioners are members of the Weaker Sections of the Society. The respondents had acquired S.No. 260 situated in Koilakonda village for providing house sites to the backward classes. After acquisition, they divided the land in various house sites each admeasuring 150 sq. yds and issued patta certificates inter alia to the 17 petitioners and delivered possession of the same to them. The Respondents, then floated a group "Housing Scheme" in the Year 1983 and collected a sum of Rs. 311/- from each petitioner against the share capital. All the allottees had agreed in writing to contribute labour in the construction of the houses, which was to be done under the supervision of A.P. State Housing Corporation Limited, Mahaboobnager District. The construction was entrusted to a Contractor, who completed the construction of houses in the Housing Colony and possession of the constructed houses were delivered inter alia to the petitioners on 15-08-1984. The petitioners and others did not occupy the houses and notices were issued to them to occupy the houses. When they did not occupy the houses, the third respondent after obtaining the approval of the second respondent on 03-05-1989 cancelled the patta certificates issued to the petitioners and the same were served on them by affixing it on their respective residences.