Mufti Mohammed Rayess Uddin vs The State Of Telangana And 13 ...
2021 Latest Caselaw 2298 Tel

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

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 The present appeal is dismissed as withdrawn along with the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