THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8128 of 2010 April 20, 2010 Between: D.Sarojini, W/o.late D.R.Narasimha And others … Petitioners And The Government of Andhra Pradesh, represented by its Secretary, Revenue Department, Secretariat, Hyderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8128 of 2010 ORDER: Petitioners, 21 in number, filed instant writ petition seeking a writ of Mandamus restraining the respondents – the Government of Andhra Pradesh, District Collector, Hyderabad and Tahsildar, Nampally Mandal; from dispossessing petitioners from their houses/occupations/holdings in piece of land comprised in survey Nos.93/1 and 93/2 of Pool Bagh, Basheerbagh, Nampally Mandal. Their further grievance is that they made applications to Government for regularisation of their occupation as per the policy guidelines in G.O.Ms.No.166, dated 16.2.2008 read with G.O.Ms.No.257, dated 29.3.2010, which are pending. If they are evicted forcibly, they would be deprived of the right of regularisation. At the stage of admission itself, the Tahsildar filed counter affidavit yesterday i.e., on 19.4.2010. Today also additional counter affidavit is filed. Therefore the matter is being disposed of at the admission stage itself. The counter affidavit and additional counter affidavit disclose the factual background, which is not seriously in dispute. Pool Bagh Ward/Block No.5-9 is a slum area with 377 families. The same was declared as such under Andhra Pradesh Slum Improvement (Acquisition of Lands) Act, 1956. A scheme with the financial assistance of Overseas Development Agency (UK) is being implemented. As all the residents of the slum area requested for dwelling houses, after Government of India took up Urban Infrastructure Programme under Jawaharlal Nehru National Urban Renewal Mission (JNNURM), the Commissioner of Greater Hyderabad Municipal Corporation, approved the housing scheme for construction of 608 houses with 38 (G + 3) blocks costing about Rs.2,24,500/- for each unit. A socio-economic survey was conducted for identifying beneficiaries. All the petitioners except petitioners 12 and 13 were also included in the list of beneficiaries. As per the procedure, possession certificates should be handed over to occupants of slum and they will be shifted to adjoining places so that the construction can be taken up in the existing place, which shall be completed within one year from the date of delivery of vacant possession to contractor. After such completion, all the allottees will be allowed to occupy the constructed houses subject to complying with all the other formalities. Therefore, petitioners are required to vacate the land to enable commencement of work which is already been entrusted to M/s.Arrow Construction at an estimated cost of Rs.1,364.96 lakhs for construction of 608 houses. In view of the undisputed facts, it must be held that the writ petition is filed on mere apprehension. As the Tahsildar has filed sworn statement that petitioners’ names are included in the list of beneficiaries, they will be given possession certificates and on such issuance petitioners have to vacate the existing occupations so that construction can come up immediately. Therefore this Court is not inclined to issue Mandamus as prayed for. The writ petition is accordingly disposed of, in accordance with observations made herein above. It shall be open to the Tahsildar to give possession certificates whereupon petitioners shall vacate their existing places. ______________ (V.V.S. RAO, J) April 20, 2010 YS