IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.6628 of 2011 Date:09.08.2011 Between: Bathula Mani Kumar and others .....Petitioners AND The State of Andhra Pradesh, rep. By its District Collector, Prakasm District and 2 others. ....Respondents The Court made the following: THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.6628 of 2011 ORDER: 1. This writ petition is instituted by 42 persons who claim to be the residents of Ongole Town. They have challenged the action of the respondents in stopping them from constructing houses in the land assigned to them as house site pattas. 2. The case of the petitioners is that the petitioners herein have all been granted a house site patta by the Mandal Revenue Officer, Ongole in or about January, 2007. But, however, when they are making efforts to construct houses in their respective sites, objections are now raised for making any such constructions. Hence, this petition has been filed. 3. The learned Government Pleader who has filed a detailed counter affidavit in the matter would contend that an enquiry was conducted as to the eligibility of the petitioners herein to be granted a house site patta at the first instance. The enquiry revealed that except the petitioners 12, 32 and 37 bearing names Sri Nalluri Eeswara Rao, Sri Shaik Basha and Sri Syed Adambi, the rest of the petitioners are not eligible to be granted house site pattas, but however, under a mistake of fact they have been granted house site pattas and hence, the Mandal Revenue Officer has tried to take steps to protect the interest of the State, so that the eligible persons alone will be able to raise constructions in the house sites. Alternatively, it is contended that, the petitioners have violated the terms of the grant, by not constructing the houses with in the stipulated period, warranting cancellation of the grant itself. 4. Be that as it may, leaving petitioners 12, 32 and 37 bearing names Sri Nalluri Eeswara Rao, Sri Shaik Basha and Sri Syed Adambi, insofar as all the rest of the petitioners are concerned, if the State Government in their Revenue Establishment prefer to recall or cancel the house pattas granted to them for any reasons, including violation of the conditions of grant/assignment or for the sheer ineligibility of a grantee, it is inevitable that a fair procedure should be adopted and followed in that regard. The petitioners are entitled to have an opportunity of hearing in the matter before an adverse decision is taken against them resulting in cancellation of the house site pattas granted to them more than four years back. Therefore, while directing the status quo existing as on today to be maintained till the final decision is taken in the matter of the rest of the petitioners other than the petitioners 12,32 and 37, I leave it open to the State Government to take such steps that are considered to be necessary and proper to proceed against the rest of the petitioners duly providing them an opportunity of hearing. If the petitioners file any material in support of their claim, the same is to be taken into account and consider before final orders are passed. 5. In terms referred to supra, this writ petition stands disposed of. No order as to costs. _______________________________ NOOTY RAMAMOHANA RAO,J Date:09.08.2011. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.6628 of 2011 Date:09.08.2011 Gk.