THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.12880 of 2008 2nd December, 2009 Between :- Panjagutta Dhobighat Sankshema Sangham Regd.No.1354/03, rep.by its President, N.Ramulu and others .. Petitioners And The District Collector, Hyderabad District, Office at Nampally, Hyderabad and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.12880 of 2008 ORDER:- This Court issued rule nisi on 2-7-2008. 2. Counter affidavit is filed on behalf of R.1 to R.3. W.V.M.P.NO.2584/2008 is filed on behalf of R.4 and R.5 to vacate the interim order. 3. This Court on 2-7-2008 in W.P.M.P.No.16609/2008 made the following Order:- “Notice. Pending further orders, there shall be a direction to respondents No.1 to 3 not to interfere with the possession of the petitioners in respect of the property in question without following due process of law.” 4. This Writ Petition is filed for a Writ of Mandamus declaring the action of the respondent No.3 in threatening to dispossess the petitioners No.2 to 20 from their respective plots situated at T.S.No.3/1(P), Khairatabad, Hyderabad, without following the due process of Law, as illegal, ay, unjust and against to the principles of natural justice and consequently direct the respondent No.1 herein to forthwith take action pursuant to the representation dt.30-4-2008 and pass such other suitable orders. 5. Several facts had been narrated in detail in the affidavit filed in support of the Writ Petition. It is stated that petitioner No.1 Society was formed with an oblique to extend its support and co-operation to poor Rajaka community people. The 1st petitioner made several representations to the Government and other Revenue officials for allotment of house sites to its Members and subsequent to the enquiry conducted by the respondent authorities, the Members of the petitioner No.1 Society were allotted the house sites to its Members (65 Members) at the rate of 50 Sq.Yds. each during the year 1995 in an extent of about Ac.3-00 situated in T.S.No.3/1(P), Khairatabad, Hyderabad and to that effect, the 2nd respondent issued respective D- For Patta Certificates to the Members of the 1st petitioner – Society. Thereafter all the Members of the 1st petitioner Society raised huts and started residing in their respective huts along with their families peacefully without any interruption. 6. It is also stated that subsequently some of the Members of the 1st petitioner Society have constructed pucca houses in their respective plots and the petitioners No.2 to 20 herein due to paucity of funds could not construct the pucca houses in their respective plots. While things stood so, the unofficial respondents No.4 and 5 styling themselves as President and Secretary of the Rajaka Sangham with a malafide intention to dispossess the petitioners No.2 to 20 herein and to get the same allotted to their own men have influenced the official respondents No.1 to 3 to dispossess the petitioners from their respective plots. The respondent No.3 herein who is well aware of the subsistence of the D-Form Patta Certificates and the possession of the petitioners No.2 to 20 only to favour the unofficial respondents is coming to the huts of the petitioners along with respondents No.4 and 5 who are accompanying with their men and threatening the petitioners No.2 to 20 to vacate and handover the possession, otherwise they will dispossess the said petitioners forcibly with an intention to re-allot the said plots to the men of respondents No.4 and 5. 7. Further it is stated that the petitioners herein are poor persons and except the house sites allotted to them, there are no other house sites and they have raised small huts and residing along with their families. It is also stated that the respondent authorities are acting at the behest of the unofficial respondents and without following the due process of Law and during the subsistence of the D-Form Patta Certificates causing their interference and extending threats to dispossess the petitioners from their respective plots. The petitioners herein have submitted a representation before the 1st respondent herein reiterating the true facts and requested him to take immediate action against the 3rd respondent for indulging in unlawful activities of causing interference with the possession and enjoyment of the petitioners No.2 to 20 and threatening to dispossess them illegally at the behest of the unofficial respondents No.4 and 5. Inspite of repeated requests made by the petitioners to the 1st respondent, no action whatsoever had been taken. In such circumstances, the Writ Petition had been filed praying for the reliefs specified supra. 8. In the counter affidavit filed by respondents 1 to 3 it is stated that during the year 1995, on the request of some houseless poor people, the Government/Revenue Divisional Officer, Hyderabad Division, had issued house sites Patta Certificates in T.S.No.3/1(P), Block-K, Ward No.89 of Khairatabad village at Panjagutta under Weaker Section Housing Scheme with a view to construct houses in Ground+2 floors. The petitioners No.2, 3, 4, 6, 7, 10,11, 12 and 14 were also some of the beneficiaries in the said allotment. But due to certain reasons, the construction of houses could not be materialized. The respondents came to know that in the meantime some of the beneficiaries had illegally sold out their pattas to third parties. The petitioners No. 1, 5, 8, 9, 13, 15, 16, 17 and 19 are such third party purchasers but not original assignees. 9. In the recent days the Patta-holders are trying to construct individual houses in the subject land without any permission from the authorities. Since the said patta certificates were issued under G+2 housing scheme and no individual houses can be allowed in the said land. Further the said assignments were made only for the purpose of houses G+2 to provide benefit to number of people at large, therefore, if the individual houses are constructed, it would be in violation of the terms and conditions of the assignments itself and it would also become very difficult to accommodate more beneficiaries sanctioned in the said land. The pattas itself showing as GF, FF, SF. Therefore, such illegal constructions have to be restrained at the initial stage in the interest of the general public at large. 10. Further it is stated that the President, Rajaka Sangham, Panjagutta had submitted a representation dt.28-2-2008 contending that in the year 1994 house sites Patta certificates have been issued to 65 beneficiaries at Panjagutta Dhobhighat, but some of the Patta holders have sold out their patta certificates to non-locals and one Smt.G.Sharada, W/o.G.Laxman who already possessing patta certificate in Shaikpet Mandal had also received another patta certificate in Khairatabad Mandal. Further, the President also alleged that one Prakash is possessing benami house sites patta certificates and some of the certificates have sold out to third parties and requested the 3rd respondent herein to take necessary action against the above said persons and do justice to the genuine patta holders. 11. In pursuance of the said representation dt.28-2-2008, the Deputy Tahasildar had conducted local enquiry and reported that Smt.G.Sharada, W/o.G.Laxman had been sanctioned house sites patta vide certificate No.F/4506/95, 28GF in Panjagutta Dhobhighat and she has got another patta certificate in Shaikpet Dhobhighat vide patta certificate No.F/4546/95 by suppressing the facts before the authorities. The local enquiry also reveals that Sri Laxman, husband of said Smt.G.Sharada was a Government Employee, worked as Village Secretary of Medipally village, Moinabad mandal, Ranga Reddy District and now under suspension. In view of the facts revealed under enquiry, the 3rd respondent herein had reported the same to the Revenue Divisional Officer, Secunderabad Division, Hyderabad District for taking necessary action against Smt.G.Sharada, W/o.G.Laxman who obtained two patta certificates by suppressing the facts before the authorities. Appropriate action is being taken against such individuals. 12. It is also stated that the Panjagutta Dhobhighat Samkshema Sangham (Regd.No.1354) represented by is President G.Laxman had made representation dt.25-4-2008 to the Hon’ble Chief Minister, State of Andhra Pradesh making a copy to the 1st respondent herein stating that the old Rajaka Sangham formed 12 years back had been abolished and in its place “Panjagutta Dhobhighat Sankshema Sangham” was registered and further requested to take action against one Sri Ashok and his henchmen – Sri N.Satyanarayana, S/o.Babulu, Sri N.Eswar, S/o. Babu and Sri N.Chinna Narsing, S/o.Balaiah. 13. It is further stated that the Panjagutta Dhobhighat Samkshema Sangham (Regd.No.1354/03) represented by its President Sri N.Ramulu had made representation, dt.30-4-2008 to the 1st respondent herein requesting to take action against Mr.Satyanarayana and Ashok and their men, contending that they are trying to occupy their sites which are in possession and enjoyment of the 19 Members of the Panjagutta Dhobhighat Samkshema Sangham. 14. In turn, the 1st respondent herein had directed the 3rd respondent herein to make enquiry into the matter. In pursuance to the directions of the 1st respondent, the 3rd respondent got enquired into the matter and it reveals as hereunder:- 1) That one Sri N.Ramulu, President, Dhobhighat Samkshema Sangham (Regd.No.1354/03) had requested to grant permission to construct the individual houses on (68) plots admeasuring 50 Sq.Yds. in T.S.No.3/1(P) at Khairatabad village which is allotted to Dhobhi Community and to cancel the G+2 scheme. 2) Further, again the said Samkshema Sangham had filed one more representation on 25-4-2008 stating that the said Sangham formed newly in the year 2003 and elected Sri G.Laxman as President, Smt.G.Sharada as Genl.Secretary. They alleged that the old Dhobhighat Samkshema Sangham Members are collecting money illegally and bringing the anti-social elements to demolish the existing houses at Dhobhighat. 3) On enquiry, it reveals that Sri G.Laxman, the said President was a Government Employee, worked as Village Secretary of the Medipally village, Moinabad mandal of Ranga Reddy District and now under suspension. Smt.G.Sharada, W/o.G.Laxman had been sanctiond house site patta vide certificate No.F/4506/95 28 GF in Panjagutta Dhobhighat and she got another patta certificate in Shaikpet village Dhobhigha vide patta No.F/4546/95 by suppressing the facts before the authorities. The said facts had been already reported to the Revenue Divisional Officer, Secunderabad on 8-5- 2008 vide this Office Letter for taking necessary action against Sri G.Laxman and Smt.G.Sharada. 4) A Revenue Summon had been issued to Sri N.Prakash, Treasurer, Dhobhighat Sankshema Sangham to produce documents in respect of the house under his occupation at Dhobhighat Panjagutta on 22-5-2008. But till date he had not submitted any documents. 5) The patta certificates were issued in the said locality under G+2 housing scheme but not for construction of independent houses. The enquiry further reveals that only (30) families are residing at Dhobhighat, Panjagutta, out of which only (10) families are original pattadars and remaining are tenants. 6) Further, one Rajaka Sangham, Panjagutta (Regd.No.199/80) had already been applied for G+2 housing scheme at Panjagutta Dhobhighat for (225) persons as representing for three Dhobhighats viz., Khairatabad, Panjagutta and Maqtha and the matter is under enquiry. 15. It is stated that the above said report was sent to the 1st respondent herein. It is also stated that on 11-4-2008 when the above said Smt.G.Sharada and others were tried to raise construction over the land in T.S.No.3/1, Khairatabad village, the same was resisted by the Revenue Inspector, Khairatabad mandal. The said Smt.G.Sharada and others attacked the Revenue Inspector, Khairatabad mandal with bricks as such criminal cases also lodged against them. 16. When the matter stood thus, the writ petitioners filed the present Writ Petition with all false and baseless allegations seeking declaration of the action of the respondent No.3 in threatening to dispossess the petitioners No.2 to 20 from their respective plots situated at T.S.No.3/1 (P), Khairatabad, Hyderabad without following the due process of Law as illegal, arbitrary, unjust and against the principles of natural justice and consequently direct the respondent No.1 forthwith take action pursuant to the respondent dt.30-4-2008, therefore the Writ Petition is liable for dismissal. 17. Further it is stated that on the request of some houseless poor people, the Government/Revenue Divisional Officer, Hyderabad Division had issued house site patta certificates in T.S.No.3/1(P), Block-K, Ward No.89 of Khairatabad village, Panjagutta under Weaker Section Housing Scheme with a view to construct houses in Ground+2 floors. The petitioners No.2, 3, 4, 6, 7, 10, 11, 12 and 14 were also some of the beneficiaries in the said allotment. But due to certain administrative reasons the construction of houses could not be materialized. They came to know that in the meantime some of the beneficiaries have illegally sold out their patta certificates to third parties. The petitioners No.1, 5, 8, 9, 13, 15, 16, 17 and 19 are such third party purchasers but not original assignees. In the verification, it is came to know that the petitioners No.4, 12, 13 are the Government employees, action will be taken against them. Therefore, the allegation of the petitioners that petitioners No.2 to 20 are having Patta certificates is false and baseless and hence denied. 18. It is also averred that the said pattas were issued under the G+2 scheme as such construction of independent houses thereon is illegal and violative of terms and conditions of the assignment. It is incorrect to alleged that the respondents 1 order 3 herein are favouring respondents No.4 and 5 herein and at their instance are interfering and threatening to dispossess the petitioners from their respective plots, hence denied. The petitioners are making false allegations without any basis or truth in it. The petitioners shall be put to strict proof of the same. It is also incorrect to allege that all the Members of the 1st petitioner – Society raised huts and started residing in their respective huts along with their families peacefully without any interruption, hence denied and the petitioners shall be put to strict proof of the same. 19. It is further averred that it is far from truth that the respondent No.3 to favour the unofficial respondents is coming to the huts of the petitioners along with respondents No.4 and 5 who are accompanying with their men and threatening the petitioners No.2 to 20 to vacate and hand over the possession, otherwise they will dispossess the said petitioners forcibly with an intention to re-allot the said plots to the men of respondents No.4 and 5, hence denied. 20. It is also stated that every representation made by the above said Sanghams and Societies were duly got enquired into and some of them were till under enquiry. The persons like petitioners No.1, 5, 8, 9, 13, 15, 16, 17 and 19 are such third party purchasers but not original assignees are making false claims over the land in T.S.No.3/1, Khairatabad allotted to Rajakha Community, particularly at Panjagutta Dhobhighat area. The Government had been keen to take necessary steps against the non-assignees therein and action would be taken against them under due process of Law. 21. Further it is averred that some of the petitioners herein to raise independent houses as against the terms and conditions of the patta certificate issued by the Government and some to protect their illegal occupation over the land in T.S.No.3/1, Khairatabad village and thereby to raise independent houses have filed the present Writ Petition with all false and baseless allegations hence the same is liable to dismissal in limini. Further the petitioners have to file a Civil Suit for the relief sought for herein as the same has to be decided only on proper trial and not merely basing on affidavit invoking writ jurisdiction. 22. The petitioners by making false representations and misleading this Court had got interim orders for which they are not at all entitled for. The petitioners have no prima facie case, balance of convenience and irreparable injury in their favour to get the relief of ad interim injunction pending disposal of the main writ. On the other hand, the respondents 1 to 3 herein have established their claim over the land in question and being competent authority have every right to take necessary action against the illegal occupation of Government land under due process of Law. 23. In the counter affidavit filed by respondents 4 and 5 also almost similar averments had been made. 24. Specific stand had been taken that the competent authority is every right to take necessary action against the illegal occupation of Government land under due process of Law. 25. In the light of the respective stands taken by the parties, this Court is of the considered opinion that the Writ Petition be disposed of with a direction to respondents 1 to 3 not to interfere with the possession of the petitioners in respect of property in question without following due process of Law. 26. Accordingly, the Writ Petition is disposed of. No order as to costs. ______________________ Justice P.S. Narayana 2nd December, 2009 smr