Item No.27
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY
W.A.No.204 OF 2021
JUDGMENT : (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against an order dated
31.03.2021 passed by the learned Single Judge dismissing
W.P.No.20705 of 2020 filed by the appellant/writ petitioner,
describing himself as a Journalist, assailing the action of the
respondents No.3 and 4 in preparing a list of selected beneficiaries of
the 2 BHK houses in Sy.No.260, situated at Mudhole Village and Mandal, Nirmal District vide Rc.No.B/398/2014 dated 04.03.2015, purportedly to ineligible persons as unconstitutional and arbitrary.
2. The learned Single Judge has dismissed the captioned writ petition with costs of Rs.10,000/- on the ground that the writ petitioner does not have a locus standi to file the writ petition since he is neither a beneficiary or an eligible applicant under the 2 BHK Scheme floated by the State Government, nor has he stated in the affidavit filed in support of the writ petition that he is eligible and had applied for allotment of a 2 BHK house. Furthermore, if he had applied, he has not stated any thing about the fate of the said application. The learned Single Judge has further observed that the subject matter of the writ petition pertains to a 2 BHK Scheme under G.O.Ms.No.10 dated 15.10.2015 whereas, the allocations made to the W.A.No.204 of 2021 Page 1 of 2 respondents No.5 to 14 were in terms of the Board Standing Orders, that were issued much prior to floating of the 2 BHK Scheme.
3. After addressing arguments at some length, learned counsel for the appellant/writ petitioner seeks leave to withdraw the present appeal and states that the appellant/writ petitioner reserves his right to file a Public Interest Litigation on the very same issue.
4. The present appeal is dismissed as withdrawn along with the pending applications, if any. If the appellant/writ petitioner does propose to file a Public Interest Litigation on the same issue, he shall file a copy of the impugned order with the said petition to keep the concerned court apprised.
_________________ HIMA KOHLI, CJ _______________________ A. ABHISHEK REDDY, J 06.08.2021 Lrkm/Pln W.A.No.204 of 2021 Page 2 of 2