IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.7189 of 2010 Between: Chadalavada Lakshmi and others ... PETITIONERS a n d The District Collector, Guntur and others … RESPONDENTS ORDER: This writ petition has been filed by petitioners seeking Mandamus declaring the action of the third respondent in interfering with their possession and enjoyment of the land admeasuring 50 sq. yards each bearing Sy.No.603 situated at B.N. Reddy nagar, Takkelapadu gram panchayat, Guntur. 2. According to the petitioners, they are doing coolie work at Guntur and nearby places. They raised thatched huts in Sy.No.603, B.N. Reddy nagar, Takkelapadu gram panchayat, Guntur. They made a representation to the District Collector, Guntur for pattas in their favour in respect of the sites in their occupation, in the month of January, 2010. They also made representations in the month of February 2010 and March, 2010. While so, the third respondent threatended to demolish the thatched huts put up by them on 25-03-2009. Hence, they approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission on 30-03-2010, learned Assistant Government Pleader received notice and sought time for instructions. Respondent No.3 filed counter-affidavit. It is stated in the counter-affidavit that an extent of Ac.2-21 cents in Sy.No.603 situated at Adavi Thakkellapadu village, Guntur Rural mandal was assigned to 37 eligible beneficiaries in the year 1966. Original assignees alienated the land to the members of Anji Reddy Nagar Welfare Association in the year 1985. Thereafter the proceedings have been initiated resuming the land to the Government since the original assignees have violated the conditions of patta. Anji Reddy Nagar Welfare Association represented by its President B. Radha Krishna Murthy filed O.S.No.393 of 2005 on the file of the Prl. Senior Civil Judge, Guntur questioning the order of resumption. They also moved applications being I.A.No.1121 of 2005 and 1122 of 2005 in O.S.No.393 of 2005 and obtained interim order. The petitioners made attempts to encroach the said land but their attempts have been foiled and the land is in protection of the Government from the illegal encroachments. 4. Anji Reddy Nagar Welfare Association filed W.P.M.P. No.15359 of 2010 seeking its impleadment as party respondent and it came to be ordered on 05-07-2010. It is stated in the affidavit filed in support of the implead petition that the association filed W.P.No.2801 of 2004 and the said writ petition came to be disposed of on 23-02-2004 directing the authorities not to evict the members of the welfare association unless necessary notice as contemplated under Rule 3 of the A.P. Assigned Land (P.O.T.) Rules is issued calling upon their explanation before passing final orders. The Mandal Revenue Officer, Guntur Rural passed an order of resumption dated 10-05-2005 in R.C.No.395 of 2005 and questioning the same,the welfare association filed O.S.No.395 of 2005 on the file of the II Additional Senior Civil Judge, Guntur and the same is pending. 5. For better appreciation I may refer paragraph No.4 of the affidavit filed in support of the implead petition, which reads as hereunder: “The writ petitioners to trespass into the property and the members of the petitioner association as well as the Revenue Authorities preventing the same. This is one such attempt to trespass into the land by obtaining some order from this Hon’ble Court. The allegations that the writ petitioners are residents in S.No.603 of B.N. Reddynagar, Thakkellapadu Gram Panchayat, Guntur from the last more than 6 months, that all of them raised thatched sheds each in an extent of 50 Sq. yards and is in occupation by spending huge amounts, that on 25-03-2009 the 3rd respondent in the writ petition and his staff went to their houses and threatened them to vacate and such other allied allegations are all one and false. The writ petitioners were never in possession of any extent in the land in question. The land in question do not belong to the Government and it belong to the members of the petitioner’s association and it is private property and not Government land. There are absolutely no merits in the writ petition and it is only a frivolous and vexatious one. Even otherwise also the petitioners who are said to be encroachers of 6 months are not entitled to any relief under the extraordinary jurisdiction of this Hon’ble Court more so when the said suit and appeals are pending between the petitioner herein and the Government.” 6. When the writ petition came up for admission hearing, with the consent of both the learned counsel appearing for the parties, it is taken up for final disposal. 7. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Assignment appearing for respondents 1 to 3 and Sri G. Pedda Babu, learned counsel appearing for the fourth respondent. 8. Learned counsel appearing for the petitioners submits that the petitioners are in occupation of the small extent of lands in Sy.No.603 and they raised huts and they submitted applications for allotment of house pattas and pending consideration of their applications, if they are dispossessed from the lands in their occupation their rights will be prejudiced and therefore, necessary direction is required to be given to the third respondent not to dispossess the petitioners pending disposal of their applications for allotment of house sites. 9. Learned counsel appearing for the fourth respondent submits that as on this day the property is in possession of the fourth respondent and that the Civil Court granted interim orders in favour of the fourth respondent. 10. A fact remains that the Government resumed the possession of land. The 4th respondent-Anji Reddy Welfare Association, Narudupet, filed O.S.No.395 of 2005 on the file of the II Additional Senior Civil Judge, Guntur questioning the resumption order dated 10-05-2005 passed in RC.No.900 of 2003 and obtained interim orders. As on this day the interim orders passed in the suit are in operation. Such is the situation, no directions can be given to the respondents 1 to 3 to consider the representation of the petitioners or to provide any protection to the petitioners with regard to the huts allegedly put up by them in Sy.No.603. 10. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J August 23, 2010. PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.7189 of 2010 August 23, 2010