THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.16207 of 2007 ORDER: The petitioners claim to have purchased two bits of land, abutting road No.12 of Banjara Hills, in Survey No.129/7 of Shaikpet Village, through sale deeds, dated 09.03.1989 and 09.10.1986 respectively. The land was originally under possession and enjoyment of one Mr.Akula Mallaiah. The petitioner mentioned various proceedings and transactions, through which the land changed hands from Akula Mallaiah, till it was purchased by them. The Government of A.P. filed Land Grabbing Case No.57 of 1989 against the petitioners and certain others, alleging that they have occupied the Government land, without any legal entitlement. The Government has also issued G.O.Ms.No.972, dated 04.12.1998 providing for regularization of unauthorized occupations over its land, subject to certain conditions. Even while contesting L.G.C.No.57 of 1989, the petitioners submitted an application in terms of G.O.Ms.No.972. The grievance of the petitioners is that though the respondents have extended the facility of regularization in favour of the 7th respondent herein, who was similarly situated, they were denied such a facility. They seek a direction to the respondents not only to extend the benefit of regularization in terms of G.O.Ms.No.972, but also to remove the encroachment made by the 7th respondent in an extent of 1500 square feet on the northern side. During the pendency of the writ petition, certain developments have taken place. The Government issued G.O.Ms.No.166, dated 16.02.2008 providing for regularization of unauthorised encroachments of its land. The petitioners submitted their applications on 07.03.2008. It is in this background, that the petitioners seek necessary directions against the respondents. On behalf of respondents 1 to 6, a detailed counter affidavit is filed. It is stated that the Special Court under the A.P.Land Grabbing (Prohibition) Act passed a judgment and decree against the petitioners way back on 20.08.1998 and the same was affirmed by this Court in W.P.No.29190 of 1998 and batch. It was also alleged that the possession of the land was taken on 30.01.2007. Heard Sri Kantha Rao, learned counsel for the petitioners, learned Government Pleader for Assignment appearing for respondents 1 to 6 and Sri Purushotham Reddy, learned counsel for respondent No.7. The petitioners faced several proceedings in relation to their right over the property covered by sale deeds 09.03.1989 and 09.10.1986 respectively. The record discloses that the Special Court passed a decree against the petitioners and the same was upheld by this Court. It is represented that the petitioners filed S.L.P. before the Hon’ble Supreme Court. The petitioners no doubt have been pursuing their remedy in terms of G.O.Ms.No.972. It is stated that the request of the petitioners was negatived, on the ground that no dwelling house existed over the land. However, a different set of norms came to be stipulated by the Government in this regard through G.O.Ms.No.166. The existence of a dwelling house over the land is not a condition precedent. In case, the petitioners satisfy the other requirements, their case needs to be considered in terms of the G.O. One of the conditions under G.O.Ms.No.166 is that there must not be any pending proceedings in relation to the land. Learned counsel for the petitioners submits that his clients undertake to withdraw the S.L.P. While the respondents contend that the possession was taken, the petitioner submits that they are still in possession of the land. Certain sketches, which are prepared subsequent to the date of alleged taking of possession, are placed before this Court. Be that as it may, the respondents have already acknowledged the applications dated 07.03.2008 submitted by the petitioners vide memo, dated 01.04.2008. Through the said memo, the petitioners were required to submit some information. It is stated that such information has since been furnished. For the foregoing reasons, the writ petition is disposed of directing respondent 1 to 3 to process the applications dated 07.03.2008 submitted by the petitioners in terms of G.O.Ms.No.166 and pass appropriate orders within the period of three months from the date of receipt of a copy of this order. Till such time, status quo obtaining as on today over the land shall be continued. Depending upon the outcome of the applications, it shall be open to the petitioners to work out their remedies vis-à-vis the 7th respondent in accordance with law. There shall be no order as to costs. _________ 25.03.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.16207 of 2007 Date: 25.03.2009 JSU