THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5180 OF 2010 DATED:18.03.2010 Between: Chekuri Devanjanamma and others .. Petitioners And The Tahsildar, Rayachoti, Kadapa District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5180 OF 2010 ORDER: The petitioners herein are residents of Rayachoti Town and Mandal in Kadapa District. It is their case that all of them are socially and economically backward and eke out their livelihood working as labourers, rickshaw pullers, auto drivers, painters, maid servants and coolies. They raised constructions in Dibbalabhavi Veedhi, Kothapet, Rayachoti Town and Mandal in Kadapa District, allegedly four decades ago. On 17.01.2010 at about 7.20 a.m., the Tahsildar – first respondent herein; and the Municipal Commissioner – fifth respondent herein, came along with 60 police people and machinery and demolished all the houses. The residents of the area were also subjected to violence. Therefore, they filed the instant Writ Petition seeking a writ of Mandamus declaring the action of the respondents as illegal and arbitrary and for a consequential direction to respondents 1 to 3 to construct pucca houses. The matter was listed on 08.03.2010 having regard to the nature of the allegations made in the accompanying affidavit, this Court directed the respondents to file counters. The Tahsildar as well as Inspector of Police, Rayachoti (Upgrade Police Station) filed counters. The Tahsildar states that as many as 42 encroachers constructed small houses on the road margins in Survey No.620/A, which is rasta poramboke. They were erected on 17.01.2010 between 8.30 a.m. to 1.00 p.m. The allegation that the encroachers were subjected to violence has been specifically denied. It is further case of the Tahsildar that all the 42 encroachers have been allotted house site pattas in the land comprised in Survey Nos.477 and 995 of Rayachoti Village and a recommendation has been sent for construction of pucca buildings under INDIRAMMA (Integrated Novel Development In Rural Areas and Model Municipal Areas) Housing Programme. The Inspector of Police filed a counter affidavit, which supports the averments of Tahsildar especially the averment that all the encroachers of Dibbalabhavi Veedhi, Kothapet, Rayachoti Town and Mandal are evicted on 17.01.2010. This Court heard the learned counsel for the petitioners, who submits that in addition to the persons who are given alternative sites, there are other persons to whom sites were not allotted and therefore, she pleads that the non-allottees may also be considered for assignment of house sites. Per Contra, the learned Assistant Government Pleader for Revenue (Andhra Area) submits that all the 42 encroachers, who were evicted on 17.01.2010 were allotted alternative house sites. He also points out that petitioners 1, 2, 5 and 7 to 9 were allotted house sites in the land in Survey Nos.477 and 995 of Rayachoti Town and Mandal. Along with the counter, xerox copies of house site possession certificates have been enclosed. After perusing the same, it stands proved that except petitioners 3, 4, 6 and 10, other petitioners were allotted house sites. Therefore, the allegations of the petitioners cannot be countenanced. It is the case of the Tahsildar that all the 42 encroachers, who were evicted, have allotted house sites in the list of such allottees. This leads to inference that other non-allottee petitioners are not encroachers. Be that as it is, if those non-allottees are also landless poor persons, they may give a representation to Tahsildar for allotment of house sites. In such an event, the request may be considered by the Tahsildar for allotment of house sites at suitable place. As the petitioners have encroached the R.K.T. Road to M.D.O. Office (Dibbalabhavi Street), a direction to respondents to reconstruct their houses cannot be granted especially when the street is meant for public to pass and repass. The Writ Petition, with the above observations and directions, is disposed of. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 18.03.2010 KH