HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 27548 OF 2010. DATED 9th July, 2012 BETWEEN Sri Sai Babanagar Welfare Association, Rep. by its President Mohd Jamaluddin, Secunderabad. …Petitioner And The District Collector, Ranga Reddy District and ors. ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 27548 of 2010 ORDER: The petitioner herein is a society registered under the provisions of the A.P. Societies Registration Act, 2002. It is stated that the members of the petitioner- society were allotted house sites in their individual names in the year 1990 over the land in an extent of Ac.89.27 cents comprised in Sy.No.710/1 of Khapra village in Keesara Mandal, Ranga Reddy. Out of the 2800 landless poor people identified by the respondent authorities, 2406 beneficiaries were allowed to take physical possession of the house site pattas granted to them in 64 acres of the land in the said survey number and IN respect of the remaining 400 beneficiaries, the respondents allotted 24 acres surplus land in the same survey number. It is further stated that when the respondents were not taking consequential steps for delivering vacant possession thereof to the remaining beneficiaries, the petitioner- society filed Writ Petition No. 14746 of 2003 and some of its members filed Writ Petition No. 26299 of 2003 independently. The said two writ petitions were heard together and disposed of by a common order dated 31.12.2003 in the favour of the petitioner-society. As per the said order, the petitioner-society pursued the matter with respondents for verification of 214 original patta certificates out of 374. It is further stated that the third respondent took assistance of the Assistant Director of Survey and Land Records in the year 2004 to identify the corresponding vacant plots. It is the grievance of the petitioner-society that though six years have elapsed, the respondents have not delivered the vacant possession of the house site plots to the beneficiaries. It is its further grievance that the representation dated 18.2.2009 submitted in regard thereto did not see the light of the day so far. Hence, the petitioner-society filed the present Writ Petition questioning inaction on the part of the respondents in delivering the possession of plots over the subject survey number to its remaining members. A counter affidavit is filed on behalf of the respondents, wherein it has been averred that the total house plots in the said approved survey number is only 2406 and all the certificate holders were handed over the possession in the year 1997 itself. It is further stated that the land claimed by the petitioner-society is earmarked for public purpose and hence the question of handing over possession to the alleged beneficiaries in the subject survey number does not arise. Heard both sides. Perused the case file. The learned Counsel on either side reiterated the respective averments made in the affidavit and counter affidavit. This Court while disposing of the Writ Petition Nos.14746 and 26299 of 2003 filed by the petitioner- Society and its individual members respectively, directed the respondent authorities through order dated 31.12.2003 inter alia thus:: “ Having regard to the facts and circumstances of the case, if the members of the petitioner-Association make available the copies of pattas granted in their favour to the MandalRevenue Officer, Keesara, he shall make enquiry into the genuineness of the same and if the pattas are found to be genuine and they are eligible to be delivered possession and land is available for such delivery, the respondents can deliver possession as per patta certificates issued in their favour. This exercise shall be completed within a period of three months from the date of making available the patta certificates by the members of the petitioner-Association.” Pursuant to the said order, it appears from the proceedings of the respondent authorities dated 29.1.2004 and 13.2.2004 that verification of genuineness of 214 house site patta certificates was taken up and found that the said certificates do not indicate plot number allotted to them and the column provided therefor was kept blank and as such, in absence of the same, the patta certificates cannot be treated as genuine documents. Further, the respondent authorities stated that as per the orders of this Court dated 31.12.2003, there is no vacant land available in the subject survey number for delivery of house site plots to the alleged members of the petitioner-society and the land claimed by the petitioner society has been earmarked for public purpose such as park, community use etc and the land claimed outside the survey number, adjacent to the existing weaker section colony is the subject matter of Writ Petition No. 10337 of 2003. That apart, the material on record would disclose that the first respondent-District Collector had conveyed to the petitioner-Society that a layout for 2406 plots only was approved in the subject survey number and all the certificate holders were also handed over the vacant possession in the year 1997 itself and hence the question of handing over possession to the alleged beneficiaries in the survey number in question did not arise. What follows from the above discussion is that the respondents appeared to have complied with the order dated 31.12.2003 passed by this Court in Writ Petition Nos.14746 and 26299 of 2003 within in the time frame fixed by this Court therein. Had the petitioners not been satisfied with the compliance by the respondents with the said order of this Court, they would have approached this Court by filing contempt proceedings alleging the disobedience thereof by the respondents. The petitioner however did not choose to do so for the reasons best known to them which are undisclosed before this Court. Be that as it may, the petitioners are not entitled to approach this Court for the self same relief in successive writ petitions invoking the writ jurisdiction of this Court under Article 226 of the Constitution. Viewed from any angle, I do not see any merit in the Writ Petition, which is liable to be dismissed. The Writ Petition is therefore dismissed. The miscellaneous petitions filed in the Writ Petition shall stand dismissed. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 9th July, 2012. Msnro