IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 20687 of 2000 Between: Mergu Gowramma W/o Venkatesh R/o Karimnagar, Karimnagar District. ..... PETITIONER AND 1 The District Collector Karimnagar District. 2 The Mandal Revenue Officer, Karimnagar District. 3 The Commissioner, Karimnagar Municipality, Karimnagar. 4 The Superintendent of Police, Karimnagar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ of Mandamus declaring the action of the respondents in evicting the petitioner from the house site in Survey No. 53/A bearing No. 6-6- 528 in Ambedkarnagar to an extent of 272.2 Square Yards in Karimnagar as illegal, improper, unjust, arbitrary and contrary to law and further direct the ﬁrst Respondent to consider the proposal submitted by the 2nd Respondent for regularizing the house site purchased by the petitioner by way of collecting the market value prevailed as on the date of purchase and pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: MR.POLISETTY RADHA KRISHNA The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.20687 OF 2000 ORAL ORDER: This writ petition is ﬁled aggrieved by the action of the respondents in seeking to evict the petitioner from the house site in Survey No.53/A bearing No.6-6-528 in Ambedkar Nagar, Karimnagar. A further direction is sought to the District Collector, Karimnagar, the ﬁrst respondent herein, to consider the case of the petitioner for regularization of her occupation over the subject site as recommended by the Mandal Revenue Officer, Karimnagar, the second respondent herein. The petitioner claims to have purchased the subject site admeasuring 272.2 square yards in Survey No.53/A bearing House No.6-6-528 of Ambedkar Nagar in the year 1996. No document of title is forthcoming with regard to the alleged purchase. The petitioner claims to have constructed a small hut in the said land wherein she is residing since the year 1996. It is her case that only in the year 1997 she came to know that the subject site belonged to the Government and accordingly, she made an application to the District Collector, Karimnagar, and the Mandal Revenue Oﬃcer, Karimnagar, the respondents 1 and 2 herein, seeking regularization of her possession over the subject site by collecting market value. According to her, the Mandal Revenue Oﬃcer, submitted a proposal to the District Collector, Karimnagar, recommending her case. Though the said proposal was still pending consideration, the petitioner complains that on 28.10.2000 the Mandal Revenue Oﬃcer, Karimnagar, visited her land and asked her to vacate the said land forthwith. She complains that the respondents did not initiate any steps in accordance with law to dispossess her from the said land and approached this Court by way of the present writ petition. A counter aﬃdavit is ﬁled on behalf of the respondents 1 and 2 stating that the petitioner did not submit any application under G.O.Ms.No.508 dated 20.10.1995, whereunder the Government of Andhra Pradesh ﬂoated a policy for regularizing encroachments of Government lands utilized for house sites upon payment of market value. It is stated that the husband of the petitioner, one Sri Merugu Venkatesh ﬁled such an application but the same was in respect of Survey No.53/A and the House No.6-6-528 does not ﬁnd mention therein. Be that as it may, even the said application could not be processed in spite of being approved by the District Collector, Karimnagar, as the proceedings could not be served upon the petitioner’s husband. It is stated that the process of regularization was stopped as the proper address could not be located. The respondents 1 and 2 admitted that the petitioner was in possession of the subject site since the year 1996. However, they claimed that the processing of the petitioner’s husband’s application was also erroneous as the same did not come within the terms and conditions laid down in G.O.Ms.No.508 dated 20.10.1995. They denied the averment made by the petitioner that an application ﬁled by her in this regard was pending consideration. This Court by way of interim order dated 31.10.2000 passed in W.P.M.P.No.26280 of 2000 in W.P. No.20687 of 2000 directed the respondent-authorities not to evict the petitioner from the subject site. Heard Sri K.Ramamohan Mahadeva, learned counsel appearing for the petitioner and the learned Government Pleader for Assignment appearing for the respondents 1 and 2. According to the version of the respondent-authorities also, an application was submitted in respect of the subject site for regularization of possession under G.O.Ms.No.508 dated 20.10.1995. It is stated that the said application was made by the petitioner’s husband and not by the petitioner. It is also admitted that the said application received a positive response but the same could not be eﬀected owing to the fact that the proceedings could not be served upon the petitioner’s husband for want of a correct address. In such a situation, it is not open to the respondent-authorities to seek to evict the petitioner from the subject site without following the due procedure laid down by law. Be that as it may, it is brought to my notice that the Government of Andhra Pradesh has promulgated G.O.Ms.No.166, Revenue (ASSN.POT) Department, dated 16.02.2008 seeking to regularize encroachments on the specified categories of unassigned lands by way of structures or otherwise, on payment basis. The learned counsel appearing for the petitioner would submit that the case of the petitioner would fall within the policy guidelines framed in the said G.O. and accordingly, the petitioner’s case for regularization of her possession over the subject site can be considered by the Government under the terms and conditions laid down by the Government of Andhra Pradesh in the said G.O. This writ petition is accordingly disposed of directing the petitioner to make an application in accordance with G.O.Ms. No.166, Revenue (ASSN.POT) Department, dated 16.02.2008 and seek regularization of her possession and occupation over the site bearing House No.6-6-528 in Survey No.53/A of Ambedkar Nagar, Karimnagar, within a period of three weeks from the date of receipt of a copy of this order. Pending consideration of such application in accordance with law, the respondent-authorities shall not evict the petitioner from the subject site. There shall be no order as to costs. ________________________ P.V.SANJAY KUMAR, J. 26th September, 2008. VGSR