IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.27376 of 2008 Between: 1 Salapu Nallamari S/o Late Nallayya Naidu Salapuvanipalem(V) Parawada(M),Visakhapatnam 2 Patnaika Naga Satya Varaprasad S/o. Late Rama Krishna Patnaik Salapuvanipalem(V) Parawada(M),Visakhapatnam 3 Alamanda Eswaramma W/o. Satyanarayana Salapuvanipalem(V) Parawada(M),Visakhapatnam 4 Kosuru Sambasiva Rao S/o. Late Sanyasi Salapuvanipalem(V) Parawada(M),Visakhapatnam 5 Amjuri Neela Babu S/o.Venkanna Salapuvanipalem(V) Parawada(M),Visakhapatnam 6 Madamsei Chinthamma@ Chinnathalli W/o.Neela Babu Salapuvanipalem(V) Parawada(M),Visakhapatnam 7 Gantla Appalakonda W/o. Late Durgalu Salapuvanipalem(V) Parawada(M),Visakhapatnam 8 Salapu Varalakshmi W/o. Venkataramana Salapuvanipalem(V) Parawada(M),Visakhapatnam 9 Salapu Sanni Babu S/o Late Pedhanookalu, Salapuvanipalem(V) Parawada(M),Visakhapatnam 10 Chittulupuri Pedha Rama Rao S/o Late Suryanarayana Salapuvanipalem(V) Parawada(M),Visakhapatnam 11 Seethni Nookaratnam W/o.Appa Rao Salapuvanipalem(V) Parawada(M),Visakhapatnam 12 Seethni Apparayamma W/o. Late Noolaraju Salapuvanipalem(V) Parawada(M),Visakhapatnam 13 Pedhapati Sanyasi Rao S/o Late Simhachalam Salapuvanipalem(V) Parawada(M),Visakhapatnam ..... PETITIONERS AND 1 Government of Andhra Pradesh Rep.by its District Collector, Maharanipet, Visakhapatnam. 2 The Tahasildar, Anakapalle (M), Office Near Sub Jail, Anakapalle, Visakhapatnam 3 The Station House Officer, Anakapalle Rural Police Station, Kotthuru, Anakapalle (M), Visakhapatnam 4 The Secretary, Maredipudi Panchayat, Maredipudi(V), Anakapalle, (M), Visakhapatnam 5 The Sarpanch, Maredipudi Panchayat, Maredipudi(V), Anakapalle(M), Visakhapatnam .....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 declaring the inaction of the respondents 2to 4 by not acting the on complaint of the petitioners dt.01-12-2008 and thereby the enabling the 5th respondent who was no right or authority whatsoever to encroach into petitioner's house sites and the adjoining government land situated in S.No.357/p of Maredupudi(V) Anakapalle (M) Visakhaptnam District as illegal arbitrary unconstitutional and in violation of Article 300-A of the Indian Constitution directing the respondents to examine and enquire into the issue of the fake pattas in the Mandal to cancel them and take appropriate action against the persons who caused in issuing the take pattas. Counsel for the Petitioners: MR.S.V.R.SUBRAHMANYAM Counsel for the Respondents 1 and 2: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No.4: MR.M.PRABHAKARA RAO Counsel for the Respondent No.5: NONE APPEARED The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27376 of 2008 ORDER: Petitioners, who are thirteen (13) in number, are at present staying in Salapuvanipalem village of Parawada Mandal in Visakhapatnam District. It is their case that they were assigned house site pattas in Maredipudi village of Anakapalle Mandal in Visakhapatnam District. They constructed thatched houses in patta lands and had been living there. During the course of time, houses dilapidated. They therefore migrated to Salapuvanipalem for livelihood. On 25.11.2008, they allege, fifth respondent tried to occupy land (house sites) allotted to them in Maredipudi by fabricating fake blank pattas allotting/assigning house site pattas. Immediately petitioners made representation to respondents 2 to 4 and also to Superintendent of Police, Visakhapatnam Rural and Deputy Superintendent of Police, Anakapalle Sub-Division, in vain. Therefore they filed instant writ petition. Petitioners have enclosed Xerox copies of house site pattas in respect of Maredipudi land comprised in survey No.357/P (part). As they admit that they themselves vacated Maredipudi house sites and shifted to Salepuvanipalem village for livelihood, they may not claim any right over house sites. It is always open to Tahsildar, Anakapalle, to allot house sites to eligible persons. However, fifth respondent cannot be granted as alleged blank pattas, which might be misused. If petitioners are not residents of Maredipudi village, they cannot claim any house site pattas, but still their representation can be considered by Tahsildar, Anakapalle, and Revenue Divisional Officer, Visakhapatnam. Petitioners’ representation dated 01.12.2008 may be considered and disposed of, keeping in view their case that they are presently residing in Salepuvanipalem village. The writ petition is accordingly disposed of. No costs. ______________ (V.V.S.RAO,J) December 23, 2008. YS To 1 The Sub Registrar, Jangaon, Warangal District. 2 The Joint Collector, Warangal. 3 The Tahsildar, Jangaon Mandal, Warangal District. 4 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 5 Two CD copies.