IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 9684 of 2001 Between: 1 Putcha Kanaka Rao, S/o.Venkanna, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 2 Gadela Demudu, S/o.Appala Swamy, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 3 Ganagalla Chinna Rao, S/o.Harikrishna R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 4 Pukkalla Kodanda Rao, S/o.Dasu, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 5 Nadigatla Venkata Rao, S/o.Meeraswamy R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 6 Gulagani Ramu, S/o.Appanna, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 7 Chukka Bhaskar Reddy, S/o.Veeraswamy, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 8 Bora Eshwara Reddy, S/o.Appa Rao, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 9 Reyyi Vasantha Reddy, S/o.Chinnaiah, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 10 Madabathula Ravi Kumar, S/o.Kanakaiah R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 11 Mylapilli Appa Rao, S/o.Ammoru, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 12 Kandregula Appa Rao, S/o.Narayana, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 13 Vasupalli Duryodhana Rao, S/o.Veeraiah, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 14 Pentakota Koteswara Rao, S/o.Adinarayana R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 15 Adari Musali Naidu, S/o.Appala Naidu, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 16 Kalyani Ramulu, s/o.Yellaiah, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 17 Ponaganti Veerabhadrarao, S/o.Ramaiah, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 18 Dali Appa Rao, s/o.Papaiah, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 19 Boddu Kavalaiah, S/o.Appala Swamy, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. 20 Kadimisetti Ramesh, S/o.Rama Rao, R/o. Srinivasa Nagar Colony, Ward No.37, Kancharapalem Post, Visakhapatnam-8. ..... PETITIONER(S) AND 1 The District Collector, Visakhapatnam. 2 The Revenue Divisional Officer, Visakhapatnam (Urban) Visakhapatnam. 3 The Mandal Revenue Officer, Visakhapatnam (Urban) Seethammadhara, Visakhapatnam. .....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, order or direction more particualrly one in the nature of Writ of Mandamus, declaring the in action in granting pattas to the petitioners in accordance with G.O.Ms.No.508, dt:20.10.1995 along with the similarly situate persons/residents who were issued proceedings granting pattas, in respect of were issued proceedings granting pattas, in respect of their respective dwelling houses situate in Srinivasanagar Colony, Ward No.37 Kancharapalem post, Visakhapatnam District, as arbitrary, illegal, high handed and violative of all cannons of law and justice and consequently direct the respondents herein to regularise the respective occupations of the petitioners herein in the light of the applications submitted and representations made in accordance with G.O.Ms.No.508, dt:20.10.1995 by the petitioners on various occasions to the respondnts and to further direct the respondents herein permanently not in interfere with the peaceful possession and enjoyment of the petitioners in Srinivasanagar Colony, Ward No.37, Kancharapalem, Survey No.5, Visakhapatnam in any manner whatsoever and pass Counsel for the Petitioner:MR.T.S.ANAND Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: This writ petition is ﬁled challenging the inaction of the respondents in considering the cases of the petitioners for grant of pattas in accordance with G.O.Ms.No. 508 dated 20-10- 1995 on par with other similarly situated persons who had been granted such pattas in respect of the land in Sy.No.5, situated in Srinivasanagar Colony, Ward No.37, Kancharapalem, Visakhapatnam District. The petitioners also seek a consequential direction to regularize their respective occupations in the subject land, duly considering their applications made under G.O.Ms.No.508 dated 20-10-1995 and to interdict the respondents from interfering with their possession and enjoyment over the subject land. The petitioners, being 20 in number, claimed that they were residing in the subject land for the past 20 to 25 years, having erected independent huts with Bamboo roof tops. It is their case that in the year 1998 they made applications along with other residents seeking regularization of their encroachments in the subject land, but the authorities, having considered the request made in this regard by others similarly situated, did not take any action in so far as the petitioners were concerned. It is further alleged that such inaction was compounded by the proposed action of the respondent- authorities to dispossess them highhandedly from the subject land. Apprehending that the authorities would resort to such action, the petitioners approached this Court by way of this Writ Petition and by order dated 16-5-2001, this Court granted interim stay of dispossession for a period of eight weeks. It appears that the said order was not extended further. However, Sri T.S.Anand, learned counsel appearing for the petitioners submitted that his clients continue to remain in possession of the subject land till date. The Mandal Revenue Oﬃcer, Visakhapatnam (Urban) Mandal, being the 3rd respondent in the writ petition, ﬁled a counter-aﬃdavit contending on facts that the petitioners were not eligible for consideration under G.O.Ms.No.508 dated 20-10-1995, inasmuch as they encroached upon the subject land and erected huts between the years 2000 and 2001, long after the issuance of the said G.O. In the light of the admission on the part of the respondents that the petitioners are in occupation of the subject land, it is incumbent upon them to follow the due procedure laid down by law while resuming the possession of the land. The writ petition is accordingly disposed of holding that the petitioners’ possession over the land in Sy.No.5, Srinivasanagar Colony, Ward No.37, Kancharapalem, Visakhapatnam shall not be interfered with or disturbed by the respondents-authorities except in accordance with the procedure laid down by law. There shall be no order as to costs. ___________________________ P.V. SANJAY KUMAR, J 4th November, 2008 GRR