THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.9152 of 2000 Dated: 4.2.2008 Between: Tirupati Fruit Merchants Union, Tirupathi, Chittoor District represented by its President Sri T.Sampath .... PETITIONER AND The District Collector, Chittoor, Chittoor District and others. .....RESPONDENTS THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.9152 of 2000 Order: This writ petition is filed questioning the action of respondents 4 and 5 in directing the members of the petitioner union to give vacant possession of the land in an extent of about Ac.6.00 in S.No.1 of Mangalam Village for the purpose of construction of houses of LIGH by demolishing the existing huts of the members of the petitioner union. The petitioner claims to be President of the petitioner union consisting of fruit hackers and fruit merchants as its members. According to the petitioner, from 1980 onwards, the members of the petitioner union made different representations to the authorities for allotment of house sites and basing on those representations, the then Tahsildar, Chandragiri conducted enquiry and also identified the members as also the land in question and earmarked the same to be divided among the members of the petitioner union. Accordingly, the members so identified were granted house site pattas of an extent of about 2.5 cents each as per the Board Standing Orders in the year 1985. It is also the case of the petitioner that in the year 1986, under the scheme of providing permanent house constructions for weaker sections at Mangalam Village, the 4th respondent herein had demanded for payment of entrance fee of Rs.65/- and personal donations of Rs.300/- each and all the members of the petitioner union paid the same. Thereafter, the members of the petitioner union constructed houses in the lands allotted to them and living there. While the matters stood thus, in the year 2000, respondents 4 and 5 proclaiming that the land in question belongs to them, directed the members of the petitioner union to give vacant possession of the land, which action is impugned in this writ petition. Respondents 1 to 3 have filed counter affidavit inter alia stating that Sy.No.1 of Mangalam Village totally consists of an extent of Ac.251.44 cents and that the same is classified as unassessed waste dry. Out of the said land various extents were allotted to various departments including burial ground. An extent of Ac.30.00 was handed over to the 4th respondent during the year 1998 for construction of Urban Housing Colony. However, there were around 164 unauthorized encroachments at 0.01 ½ cents each in the land handed over to the A.P.Housing Corporation by raising thatched huts. When they were tried to be evicted, they approached this Court and obtained directions not to evict them. It is their case that there is no assignment or pattas granted in the favour of the petitioners therein and ultimately this Court vide orders dated 28.9.2000 disposed of those writ petitions with a direction to the respondents to conduct enquiry and pass appropriate orders. Coming to the facts of the present case, it is admitted in the counter affidavit that 121 members of the petitioner union were granted pattas on 19.9.1985. As there was vast extent of vacant land, taking advantage of it, more than 160 families, who were not granted pattas encroached upon the land by raising huts with the connivance of the President of the petitioner union. It is stated that only 121 members were grated pattas and all the remaining persons are encroachers. It is also stated that because of the encroachments, the 4th respondents could not complete the construction activity as per the scheme; that the 4th respondent prepared a scheme for the construction of houses and allotment in favour of the poor eligible persons at Rs.70,000/- in instalments and the members of the petitioner society are also at liberty to apply for the same and there is no proposal to ignore the house site pattadars in the above scheme as contended by the petitioner. It is further stated that the members of the petitioner union have approached the respondents only on 29.6.2000 for issue of list of house site pattadars along with a copy of the lay out and the same was supplied to them. It is however stated that steps were taken to evict and demolish the unauthorised illegal occupations. A perusal of the above counter averments makes it clear that 121 members of the petitioner union were granted pattas in the year 1985 itself and some of them have constructed houses and taking advantage of the vast extent of vacant site, some more persons encroached upon the land without there being any pattas in their favour. In the circumstances, it is appropriate to dispose of the writ petition with a direction to the respondents that if there are any encroachers other than the patta holders, they are at liberty to evict them after following due process of law. However, if any representation is pending for allotment of house site pattas in respect of other persons also, the respondents shall consider the same and pass appropriate orders and evict those persons who are not eligible for such allotment, after following due process of law. With the above direction, the writ petition is disposed of. ___________________ N.V. RAMANA, J. Date: 04.2.2007 msv msv.