Telangana High Court
O.M. Debara vs Government Of A.P. on 3 January, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.16736 OF 2010 ORDER:
(per the Hon'ble Shri Justice Anil Kumar Jukanti)
This writ petition is filed seeking to grant the
following relief:
"... to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 1st respondent in issuing G.O's., G.O.Ms.No.509, Revenue (ASN.V) Department, dated 14.06.2010 and G.O.Ms.No.510, Revenue (ASN.V) Department, dated 14.06.2010, alienating an extent of Acs.55.00 in Sy.No.31, Neknampura Village, Rajendranagar Mandal, Hyderabad District, and an extent of Ac.100.00 in Sy.Nos.923 to 926/p, 935, 946, 952 and 957 to 961/p, situated at Jawaharnagar Village, Shamirpet Mandal, R.R. District, respectively in favour of the 3rd respondent is arbitrary, illegal, offending Article 14 of the Constitution of India and contrary to the orders passed by this Honble Court in W.P.No.13730 of 2006, dated 08.10.2007, W.P.No.7956 of 2008 & batch, dated 05.01.2010, and to set aside the same and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
CJ & JAK, J W.P.No.16736 OF 2010 2
2. Heard Mr. Gandra Mohan Rao, learned Senior
Counsel representing Mr. Malla Reddy Gadipally, learned
counsel for the petitioners, Mr. Godugu Mallesham,
learned counsel representing Mr. T. Rajinikanth Reddy,
learned Additional Advocate General, Mr. A. Venkatesh,
learned Senior Counsel representing Mr. Sheelam Ashok
Reddy, learned counsel for respondent No.3.
3. The brief facts of the case are:
The Government has issued two G.Os., i.e.,
G.O.Ms.No.509, Revenue (ASN.V) Department,
dated 14.06.2010, and G.O.Ms.No.510, Revenue (ASN.V)
Department, dated 14.06.2010, alienating an extent of
Acs.55.00 of land in Sy.No.31, Neknampura Village,
Rajendranagar Mandal, Hyderabad District, and an extent of
Acs.100.00 in Sy.Nos.923 to 926/p, 935, 946, 952 and 957 to
961/p, situated at Jawaharnagar Village, Shamirpet Mandal,
R.R. District, respectively, in favour of the Andhra Pradesh
Secretariat Employees Mutually Aided Cooperative Housing
Society Limited (hereinafter referred to as 'Society'), CJ & JAK, J W.P.No.16736 OF 2010 3
Hyderabad. Another set of G.Os., i.e., G.O.Ms.Nos.242 to 243
and 244, Revenue (Assignment-I) Department, dated
28.02.2005, were issued by the Government.
3.1 G.O.Ms.No.242, dated 28.02.2005, was issued to create
a land bank for allotment to the needy and deserving sections
of society. G.O.Ms.No.243, dated 28.02.2005, was issued
laying down the pre-conditions for allotment of land for
housing to various categories of persons. G.O.Ms.No.244,
dated 28.02.2005, was issued laying down the policy
guidelines for allotment of land for housing to six categories of
persons, who are Government servants.
3.2 In W.P.No.13730 of 2006, challenge was laid to declare
G.O.Ms.No.522, Revenue (ASN.V) Department, dated
04.05.2006, as illegal and arbitrary. A Division Bench by
order dated 08.10.2007 allowed the writ petition and quashed
G.O.Ms.No.522, dated 04.05.2006. The Division Bench held
that the orders in the said writ petition would not preclude the
Government from making allotment to societies or groups of
the identified categories in accordance with the policy CJ & JAK, J W.P.No.16736 OF 2010 4
contained in G.O.Ms.No.243, dated 28.2.2005. It was left open
to identify a category of persons to form a new society and get
the same registered or make applications as groups for the
purpose of allotment of land in terms of the policy contained in
G.O.Ms.No.243, dated 28.2.2005.
3.3 A batch of writ petitions came to be filed before the
Hon'ble Court in W.P.Nos.7956, 7997 and 23682 of 2008
seeking a direction to declare G.O.Ms.Nos.419 to 425, dated
25.03.2008, and G.O.Ms.No.551, dated 27.03.2008, as illegal,
arbitrary, without jurisdiction, void ab initio and violative of
Division Bench Orders in W.P.No.13730 of 2006. The Division
Bench by order dated 19.04.2008 passed interim order holding
that the directions issued by the Division Bench in
W.P.No.13730 of 2006 have not been faithfully carried out by
the Government and passed interim order by issuing certain
directions. Further the Division Bench by an order dated
05.01.2010 quashed all the G.Os. except G.O.Ms.No.421,
dated 25.03.2008. It held that if the respondents were to
make fresh allotments, they could do so by issuing fresh G.O. CJ & JAK, J W.P.No.16736 OF 2010 5
by incorporating necessary condition rendering the persons,
who own a house or house site in their own name or in the
name of their spouse or children, ineligible for allotment by the
respective Societies. It was further held that the respondents
should call the details of the members, who satisfy the
eligibility criteria for allotment of house sites and the
respective Societies shall submit the applications of each of the
members personally signed by them along with their sworn
affidavits declaring that they do not own a house or house site
as stated supra and that these details should be kept in
web-site for information of general public.
3.4 The respondents in W.P.Nos.7956 of 2008 and batch
carried the matter in appeal to the Hon'ble Apex Court in
C.A.Nos.3791-3810 of 2011. The Supreme Court vide order
dated 14.05.2010 had directed that the order dated
19.04.2008 passed by the High Court shall continue to be in
operation. The Apex Court by order dated 02.05.2017 modified
the interim order dated 14.05.2010 granted earlier to the
extent that the allottees/societies, who were in possession of CJ & JAK, J W.P.No.16736 OF 2010 6
the subject land, may develop the land at their own risk and
cost and they shall not claim any equities in their favour if
ultimately they fail in these appeals. The Civil Appeals are still
pending in the Hon'ble Apex Court.
3.5 Learned Senior Counsel appearing on behalf of the
petitioner assailed validity of G.Os on following grounds:
1) The said G.Os., are contrary to the order of the Division Bench in W.P.No.13730 of 2006, dated 08.10.2007 and contrary to the judgment of the High Court in W.P.No.7956 of 2008 and batch, dated 05.01.2010.
2) The G.Os., have been issued and alienation of land has been made without referring to the statutory rules i.e., Andhra Pradesh (Telangana Area) Alienation of State Land Revenue Rules, 1975 (for short, the Rules, 1975).
3) The alienation of the said land has been made without application of mind and within the limits of Outer Ring Road (ORR) by relaxing the conditions in G.O.Ms.No.243, dated 28.02.2005, wherein allotment of land within ORR is prohibited.
4) The said G.Os., have been issued relaxing the conditions in G.O.Ms.No.243 dated 28.02.2005 without any justification.
CJ & JAK, J W.P.No.16736 OF 2010 7
5) Allotted land is valued at more than Rs. 550.00 crores and the said land has been parted for a meagre amount of Rs.2.07 crores which is against public interest causing loss to exchequer and also is in violation of Article 39 (a) and (b) of the Directive Principles of State Policy.
3.6 It is submitted that under G.O.Ms.No.242, dated
28.02.2005, the empowered committee alone is vested with the
power to decide allotment of land, apportionment and usage
and submit the said proposals to the Government.
In the present case, procedure prescribed in Government
Orders dated 28.02.2005 has not been followed. It is further
submitted that broad guidelines are prescribed in
G.O.Ms.No.243, dated 28.02.2005, such as methodology of
allotment, categorization of pricing, conditions of allotment
and size of plots/fats.
3.7 Our attention has been invited to G.O.Ms.No.244, dated
28.02.2005, and it is submitted that the criteria has been laid
down for allotment of land for housing to Government CJ & JAK, J W.P.No.16736 OF 2010 8
employees by this G.O., such as conditions of allotment and
size of plots/flats.
4. Learned counsel for the petitioners submitted that the
guidelines prescribed in G.O.Ms.Nos.242 to 244 have not been
followed and the directions issued by Division Bench of this
Court in W.P.No.17370 of 2006 have not been adhered to and
impugned G.Os., are violative of the directions issued by the
Division Bench and the guidelines in G.Os. 242 to 244 dtd.
28.02.2005.
4.1 It is submitted that as per Rule 10 of the Rules, 1975,
the Government, if desires to sell or otherwise alienate its
lands in Telangana Area, may do so by following a reasonable
procedure such as public auction. Relying upon Rule 10 of the
Rules 1975, it has been contended that the said alienation
should have been by way of public auction. It is further
submitted that if there is allotment or alienation of land, the
same has to be done by proper application of mind. The G.Os.
have been issued without taking into consideration the
guidelines prescribed as per G.O.Ms.Nos.242 to 244, dated CJ & JAK, J W.P.No.16736 OF 2010 9
28.02.2005. That the said G.Os. have been issued by relaxing
guidelines which is against the policy and without
incorporating the conditions as directed by the Division Bench.
4.2 Learned counsel for the petitioners submits that the
discretion to be exercised by the Government in grant of
largesse is in regards to the persons to whom such largesse
may be granted, but, its action must be in conformity with a
standard or norm which is not arbitrary, irrational or
irrelevant. Government cannot act arbitrarily at its sweet will
like a private individual. It is further submitted that prime
land cannot be given away at a throw away price and it is
against the public policy and public interest. It is argued that
the Government has acted unreasonably in allotting the said
lands to the society. The valuable resources of the State
Government are being divested and the Government has fixed
the price without taking into consideration the land prices and
that land worth Rs.550.00 crores has been allotted for Rs.2.07
crores.
CJ & JAK, J W.P.No.16736 OF 2010 10
4.3 It is submitted that under Part IV, Directive Principles of
State Policy, Article 39 of the Constitution of India imposes an
obligation on the State to direct its policy by distributing
material resources of the community to sub-serve the common
good and the distribution should be done in a fair and
equitable manner and therefore, the allotment of the land is
contrary to Article 39 of the Constitution of India. It is argued
that that the State in an act of largesse cannot act at its
pleasure and has to satisfy the test of reasonableness and
public interest and actions of the State should be in
consonance with principles of equality and public trust and
ensure that no action of it is detrimental to public interest,
that the land could have been sold by public auction. It is
further argued that the allotment is contrary to the law laid
and in contravention of G.O.Ms.Nos.242 to 244. Hence, the
G.Os. under challenge are liable to be quashed. In support of
the aforesaid submissions, learned counsel for the petitioners
has placed reliance on the following decisions:-
CJ & JAK, J W.P.No.16736 OF 2010 11
1. M/s. Kasturi Lal Laxmi Reddy vs. State of Jammu and Kashmir (AIR 1980 1992) (paragraphs 11 to 16)
2. Ram and Sam Company vs. State of Haryana (AIR 1985 SC 1147) (paragraph no.12)
3. Shri Sachidanand Pande vs. State of West Bengal (AIR 1987 SC 1109) (paragraph nos.33 to 39)
4. M.I. Builders (P) Limited vs. R.S. Sahoo (1999 (6) SCC 464) (paragraphs 31, 32, 57, 58, 59, 69 to
72)
5. Akhil Bhrtiya Upbhokta Congress v. State of M.P. and others (2011 (5) SCC 29) (paragraphs 48 to 68)
6. Humanity and another vs. State of West Bengal and Others (2011 (6) SCC 125) (paragraphs 23 to
33)
7. City Industrial Development Corporation vs. Platinum Entertainment and Others (2015 (1) SCC 558) (paragraphs 36 to 43, 50)
8. Institute of Law, Chandigarh and Others vs. Neeraj Sharma and others (2015 (1) SCC 720) (paragraphs 25 to 27)
9. Public Interest Litigation No.383 of 2012, dated 25.07.2014 CJ & JAK, J W.P.No.16736 OF 2010 12
10. Road Metal Industry v. Secretary to Government of A.P., Revenue Department and others (2001 (6) ALD 166)
5. On the other hand, learned counsel appearing on behalf
of respondent No.3-Society submitted that certain events
which are relevant and necessary for proper appreciation of
the issue on hand need to be highlighted. That such
appreciation necessarily involves consideration of
developments that took place prior to the issuance of the
G.Os., under challenge.
5.1 Learned counsel for respondent No.3 highlighted the
following events which took place prior to the issuance of
G.O.Ms.Nos.242 to 244, dated 28.02.2005.
i) G.O.Ms.No.803, dated 26.10.2002, was issued
allotting land admeasuring Acs.59.14 guntas in Survey No.31
of Neknampura Village, Rajendranagar Mandal, Hyderabad,
was allotted in favour of the Secretariat Employees for house
sites.
CJ & JAK, J W.P.No.16736 OF 2010 13
ii) Memo No.79955/ASSN.V(2)/2002, dated
11.02.2003, was issued to hand over advance possession of
land to the Secretariat Employees for house sites.
iii) By letter No.LCI/1682/2001, dated 08.03.2003,
Collector, Ranga Reddy District instructed to hand over
advance possession of land to the Society.
iv) That vide letter No.5542/MP.2/Plg/HUDA/04, dated
12.10.2004, Group Housing Scheme layout permission was
accorded in L.P.No.55/NP-2/11/2004, dated 12.10.2004,
subject to certain conditions.
v) Government of Andhra Pradesh instructed
Collector, Ranga Reddy, to resume land to an extent of
Acs.100.00 situated at Jawaharnagar Village, Shamirpet
Mandal, Ranga Reddy, from out of Acs.2000.00 handed over
the Hyderabad Urban Development Authority (hereinafter
referred to as HUDA) vide Memo No.79955/ASSN.V(2)/2002-
06, dated 09.11.2004.
vi) Land admeasuring Acs.59.14 guntas in Survey
No.31 of Neknampur Village was handed over by the revenue
authorities to the President Shri M. Narender Rao of the CJ & JAK, J W.P.No.16736 OF 2010 14
Society vide Panchanama, dated 20.03.2003 and an extent of
Acs.100.00 of land in Survey Nos. 923 to 926/p, 935, 946, 952
and 957 to 961/p, of Jawaharnagar Village, Shamirpet Mandal,
was handed over to the President of the Society on 19.07.2005
by conducting panchanama.
vii) Respondent No.3/Society was intimated about the
development charges, processing charges, other miscellaneous
charges, demarcation of plots, fencing, mortgage plots and
submission of Encumbrance Certificate vide letter
No.1749/MP.2/Plg.H/2007, dated 25.03.2008.
viii) Proceedings were issued on 30.12.2008 by the
Director (Commercial), APCPDCL and communicated to the
President of the Society informing about the sanction of
electricity connection.
5.2 Learned counsel submitted that 850 eligible members
were allotted plots in respect of Neknampur and 1600
members were allotted plots in respect of Jawaharnagar site.
A number of houses were constructed and the Society has
incurred an expenditure of Rs.6.77 crores for development of CJ & JAK, J W.P.No.16736 OF 2010 15
essential amenities in respect of Neknampur site and Rs.9.00
crores for the same purpose in respect of Jawaharnagar site.
That the members of the Society were all employees of the
Secretariat working in various cadres including Clerks of all
Grades, Typists, Drivers, Record Assistants, Attenders,
Watchmen, Sweepers and Scavengers etc. It is submitted that
the events highlighted were prior to issuance of G.O.Ms.Nos.
242 to 244 and the guidelines prescribed therein cannot be
made applicable.
6. Our attention has been invited to the Division Bench
judgment rendered in W.P.No.13730 of 2006 and contended
that the question which fell for consideration was, whether the
policy of the Government to provide shelter to the needy people
can be stretched for allotting land to the haves of the Society in
their individual capacity in relaxation of the policy guidelines
contained in G.O.Ms.Nos.242, 243 and 244, dated 28.02.2005,
that whether such policy can be extended to the individual
capacity of IAS Officers. Hence, the contention of learned
counsel for the petitioners is misconceived.
CJ & JAK, J W.P.No.16736 OF 2010 16
7. Referring to a portion of the order of the Division Bench
order at page No.7, it is contended that the Government of
Andhra Pradesh did not have any fixed policy or mechanism till the
issuance of G.O.Ms.Nos.242, 243 and 244, to meet the requirement
of other deserving sections of the society for alienation of land to
such sections.
7.1 It is submitted that the G.O.Ms.Nos.242 to 244 came
into being in the year 2005, by which, guidelines were
issued and that the allotment of the said lands/sites in
favour of respondent no.3-Society were much prior to 2005.
That the Division Bench quashed allotment of land to
individuals who are not members of the society/groups and
who may have received the benefit of concessional
allotment from the Government earlier or as member of any
society or group to which concessional allotment was made.
That the Division Bench had made it clear that the
Government was free to allot land to the societies/groups of
identified categories in accordance with the policy
contained in G.O.Ms.No.243, dated 28.02.2005. Learned
counsel submitted that the allotment is neither contrary to CJ & JAK, J W.P.No.16736 OF 2010 17
the judgment in W.P.No.13730 of 2006 nor to the policy
and that the contentions of learned counsel for the
petitioners are untenable and do not deserve consideration.
8. Our attention has been invited to the judgment of
Division Bench of this Court in W.P.No.7956 of 2008 and
batch, dated 05.01.2010. It is submitted that the division
bench in these matters considered the alienation of lands
situated within the Greater Hyderabad Municipal Corporation
(hereinafter referred to as GHMC) to various societies
comprising as their members, persons who are members of
both the Houses of A.P. State Legislature, members of both the
Houses of Parliament from A.P., Officers of All India Services
i.e., IAS, IPS and IRS, who are the non-natives and working in
the State of Andhra Pradesh and those belonging to other
States Cadre with A.P. nativity working/worked on deputation
in the State of A.P., Journalists and the High Court Judges of
A.P. and that the contentions of petitioners counsel that the
division bench orders have been ignored is totally baseless as
the issue which fell for consideration different.
CJ & JAK, J W.P.No.16736 OF 2010 18
8.1 It is submitted that persons/individuals who have
already received benefits either individually or as Members of a
Society and persons who own properties either in their names
or in the name of their spouse or their children were made
ineligible. It is submitted that the Division Bench in
W.P.No.7956 of 2008 and batch held that G.Os. that did not
make those persons ineligible as stated supra cannot be
sustained in law. Hence, they were bound to be quashed to
that extent. It is submitted that the Division Bench suggested
the incorporation of necessary condition that the
persons/individuals who own a house or house site in their
own names or in the name of their spouse or their children
should be made ineligible for allotment of land/site by the
respective societies and certain other criteria was suggested. It
is submitted that the Government in its wisdom allotted land
in favour of Andhra Pradesh Secretariat employees for house
sites.
9. Learned Special Government Pleader representing the
respondent-State contended that the alienation/allotment of CJ & JAK, J W.P.No.16736 OF 2010 19
land is contrary to the judgments rendered by the Division
Bench in W.P.No.13730 of 2006 and W.P.No.7956 of 2008 and
batch. The conditions enumerated in G.O.Ms.Nos.242, 243
and 244, dated 28.02.2005, have to be followed if allotments
are to be made. Our attention has been invited to the
conditions of allotment in G.O.Ms.No.243, dated 28.02.2005,
to buttress the contention that the guidelines of the
Government Order are in consonance with the directions of the
orders of the Division Bench.
10. In reply to submissions made by learned counsel for the
respondent No.3-Society, counsel for petitioners contended
that an employee who does not have a house in Hyderabad or
Ranga Reddy is eligible for a house site, but whereas it should
be construed as anywhere in Andhra Pradesh as per the
judgment of the Division Bench. That Clause 41 read with
Clause 3 (for obtaining and retaining membership) of byelaws
of society lays down the criteria of eligibility and ineligibility.
11. Our attention is invited to paragraph no.3 of the counter
affidavit filed by the respondent No.3-society that except IAS CJ & JAK, J W.P.No.16736 OF 2010 20
Officers, all other employees working in the Secretariat and the
Andhra Pradesh Assembly are members of the society. It is
submitted that the subject matter in W.P.No.7956 of 2008 and
batch is with regard to alienation of lands situated within
GHMC limits to various societies and the said allotment is
within GHMC limits. That the Division Bench suggested to
incorporate that if any member of the society gives a false
declaration in the affidavit, wherein declaration has been
sought for allotment of a house site, such policy declaration
would make the employee liable for cancellation from the
membership and would be liable for civil and criminal
consequences. That such a condition has not been
incorporated in spite of the directions of the Division Bench.
It is submitted that as per G.O.Ms.No.416, in Municipal
Corporation(s), Government may alienate lands preferably for
constructions of flats, but, however, if employees desire land
for individual plots can be allotted. It is strenuously
contended that the Government has allotted/alienated the
land by ignoring the guidelines issued in G.O.Ms.Nos.242 to
244. That the directions issued by the Division Bench have CJ & JAK, J W.P.No.16736 OF 2010 21
not been incorporated and the issuance of the G.Os. are
contrary to guidelines.
12. Heard learned counsels, perused the entire record,
Government Orders issued on different dates.
13. Allotment of one of the parcels of land is vide
G.O.Ms.No.803, dated 26.10.2002, possession was delivered
and panchanamas were conducted much prior to issuance of
G.O.Ms.Nos.242, 243 and 244, dated 28.02.2005. On a
perusal of G.O.Ms.No.803, it is clear that the Government
issued orders allotting the land in favour of employees, who
formed the 3rd respondent-Society and this fact is borne by
record. That by letter dated 06.01.2005, the second parcel of
land admeasuring Acs.100.00 was resumed on the
instructions of Collector, Ranga Reddy, to Mandal Revenue
Officer, Shamirpet Mandal from HUDA and the same was
handed over to the 3rd respondent-society. It is a fact borne on
record that both these parcels of land were allotted/alienated
prior to the issuance of G.O.Ms.Nos.242 to 244, which were
issued subsequently on 28.02.2005, where policy guidelines CJ & JAK, J W.P.No.16736 OF 2010 22
are prescribed. It is a fact that guidelines are issued
subsequent to the allotment. The fact that the Division Bench
in its order has recorded a finding that the Government of
Andhra Pradesh did not have any fixed policy or mechanism
till the issuance of G.O.Ms.Nos.242, 243 and 244, to meet the
requirement of other deserving sections of the society for
alienation of land to such sections is ample proof that the
policy guidelines framed are subsequent and the contentions
raised by the petitioners are based on sandy foundations. The
directions to incorporate condition(s) that persons/employees
who own a house or house site in their name or in the name of
their spouse or their children should be made ineligible is
already embedded in the byelaws of society and we have
perused it. The Division Bench has not precluded the
Government from making allotment to Societies is also taken
note of.
14. We do not find any hesitation in holding that
G.O.Ms.Nos.509 and 510, dated 14.06.2010, are only a
reiteration of the allotment of the parcels of the land, made CJ & JAK, J W.P.No.16736 OF 2010 23
much prior to issuance of G.O.Ms.Nos.242, 243 and 244. We
do not find any infirmity in the G.Os., under challenge in this
Public Interest Litigation. For the aforesaid reasons, the
challenge to the impugned G.Os., on the ground that the same
are violative of the guidelines and contrary to the orders of the
Division Bench is misconceived.
15. It is trite law that the doctrine of delay and laches applies
to the public interest litigation as well. The Hon'ble Supreme
Court in Bombay Dyeing and Manufacturing Company
Limited v. Bombay Environmental Action Group 1, in
paragraph 341 has held as under:
"341. Delay and laches on the part of the writ petitioners indisputably have a role to play in the matter of grant of reliefs in a writ petition. This Court in a large number of decisions has categorically laid down that where by reason of delay and/or laches on the part of the writ petitioners the parties altered their positions and/or third- party interests have been created, public interest litigations may be summarily dismissed. Delay although may not be the sole ground for dismissing a public interest litigation in some cases and, thus, each case must be considered having regard to the facts and circumstances obtaining therein, the underlying equitable principles cannot be CJ & JAK, J W.P.No.16736 OF 2010 24
ignored. As regards applicability of the said principles, public interest litigations are no exceptions. We have heretobefore noticed the scope and object of public interest litigation. Delay of such a nature in some cases is considered to be of vital importance. (See Chairman & MD, BPL Ltd. v. S.P. Gururaja [(2003) 8 SCC 567]."
16. In the instant case, the allotments have been made in the
year 2002 whereas the public interest litigation has been filed
challenging the allotment in the year 2010. Thus, the
challenge to the order of allotment suffers from delay and
laches. The delay and laches in filing the petition has not been
explained by the petitioners. Therefore, the petition suffers
from delay and laches and the petitioner is not entitled to any
relief in this petition on this ground that the writ petition
suffers from delay and laches. For yet another reason, no
interference is called for as the Society has made allotment of
plots in favour of its members and many members of the
Society have raised constructions on the plots allotted to them.
Therefore, at this point of time, no interference in this petition
is called for.
1 (2006) 3 SCC 434 CJ & JAK, J W.P.No.16736 OF 2010 25
17. For the aforementioned reasons, the petition is liable
to be dismissed and the same is dismissed. There shall be
no order as to costs.
Miscellaneous applications pending, if any, shall stand
closed.
___________________________ ALOK ARADHE, CJ
___________________________ ANIL KUMAR JUKANTI, J Date:03.01.2024 KH