IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19905 of 2008 Between: 1 Smt. Pendyala Venkataratnam W/o. Venkateswarlu 2 Katragadda Srinivasa Rao S/o. Chiranjivi Rao 3 Bayapati Chiranjeevi So. Kondaiah ..... PETITIONERS AND 1 The District Collector, Prakasam Bhavan Collectorate, Ongole, Prakasam District. 2 The Tahasildar, Ongole Mandal, Prakasam District. 3 The Commissioner, Ongole Municipality Ongole, Prakasam District. ...RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of writ of Mandamus directing the respondents to ﬁx boundaries to sites allotted to the petitioners behind at Municipal Park in T.S.No. 14/1 to an extent of Ac 0.21/2 cents each as plotted by the Mandal Surveyor in Ongole Town, Prakasam District, and to pass such other order or orders Counsel for the Petitioners: MR.G.ELISHA Counsel for the Respondents.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioners questioning the inaction of the Tahsildar, Ongole Mandal, Prakasam District, the 2nd respondent herein in marking the boundaries of house sites assigned by the Government in spite of several representations. It is the case of the petitioners that on the representation made by the homeless poor persons belonging to Ongole, vacant land in T.S.No.14/1 has been provided by the government for providing house sites including the site for the purpose of Shadikhana for Muslim Community and other governmental institutions like Fire Station and Horticulture Office. It is stated that on the representation made by the petitioners, after enquiry, the 2nd respondent allotted the petitioners also an extent of Ac.0.2 ½ cents of land each behind the municipal park in T.S.No.14/1 in accordance with the provisions of Board Standing Order 21 and pattas were also issued to them in the year 2003. Thereafter they have also constructed small tiled rooms for temporary living purpose and after issuing no objection certiﬁcate by the 2nd respondent, they have also obtained loans from the ﬁnancial institutions for constructions of pucca houses. Subsequently, due to heavy ﬂoods and rains the houses were destroyed. According to the petitioners, after the ﬂoods, they were not able to ﬁnd the boundaries of their sites and, therefore, represented to the 2nd respondent to ﬁx the boundaries. The grievance of the petitioners is so far no action has been initiated on their representation even though they are eligible under B.S.O.34-A para 10(1-d) for measuring, mapping and registration of sub- divisions. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue and at their request the writ petition is taken up for ﬁnal disposal at the admission stage itself. Even as per the petitioners, they were issued with pattas in the year 2003 by the authorities and the Mandal Surveyor has shown the plots tentatively and prepared a map of plots and now the 3rd respondent – Commissioner, Ongole Municipality has to ﬁx the boundaries according to the map and deliver possession. But it is stated by the petitioners that prior to 2007 itself, they have constructed small tiled houses in the plots given to them and have also obtained loans from the ﬁnancial institutions. Though it is stated in the aﬃdavit ﬁled in support of the writ petition that they have made representations to the authorities, the learned government pleader disputes the same and the learned counsel for the petitioners also conceded before the court that the petitioners have orally represented to the authorities to demarcate their lands. Therefore, the proper course for the petitioners is to make an application to the authorities for demarcation of the plots, which were given to them by way of pattas in the year 2003. If any such application is ﬁled, the respondents are directed to consider the same and take necessary action for demarcating land. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.12.9.2008 Note: Furnish CC in one week (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Prakasam Bhavan Collectorate, Ongole, Prakasam District. 2 The Tahasildar, Ongole Mandal, Prakasam District. 3 The Commissioner, Ongole Municipality Ongole, Prakasam District. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad. 5 2CD copies